Yogendra Chandrawanshi @ Yogendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32259 of 2023 Arising Out of PS. Case No.-8 Year-2023 Thana- PAUTHU District- Aurangabad ====================================================== Yogendra Chandrawanshi @ Yogendra Ram S/O Rampyare Chandrawanshi R/O Village- Seema, P.S- Pauthu, Distt.- Aurangabad. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Learned counsel for the petitioner seeks permission to make necessary correction in para 6 of the application with regard to relation of the petitioner with the deceased.

3. Permission is granted. Let the same be done in course of the day.

4. The petitioner seeks bail in connection with Pauthu P.S. Case No. 08 of 2023 dated 16.01.2023, instituted for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

5. The prosecution case, in short, is that on 15.01.2023 at about 08.15 hrs., the informant received a phone call that his sister was missing since evening, hence he reached

Patna High Court CR. MISC. No.32259 of 2023(2) dt.21-06-2023 2/3 village Seema and tried to trace her sister, but he could not find her. On 16.01.2023 at about 06.30 A.M., the dead body of his sister was found in the field 500 meters away from his house. It has also been alleged that petitioner along with other three persons have committed this murder. It has also been alleged that soon after the marriage the entire family did not want to keep the informant's sister in the house and they often said that he would perform second marriage of her husband. It has also been alleged that accused person used to assault her.

6. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the petitioner is brother-in-law(Bhaisur) of the deceased. Learned counsel for the petitioner submits that there is general and omnibus allegation of assault and killing the informant's sister against the petitioner. Learned counsel for the petitioner further submits that the petitioner has no concern with the deceased or her family in any manner and since 2012 all three brothers are separate in mess and property. Lastly, it has been submitted that the petitioner is in custody since 17.01.2023 having no criminal antecedents. Charge-sheet has been submitted in the case.

7. Learned A.P.P. has opposed the prayer for bail of

Patna High Court CR. MISC. No.32259 of 2023(2) dt.21-06-2023 3/3 the petitioner.

8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad, in Pauthu P.S. Case No. 08 of 2023.

(Khatim Reza, J) premchand/- U