Patna High CourtCR. MISC./17388/2015bail granted

Prem Lal Yadav v. The State Of Bihar

2015-06-26Mr. Justice Aditya Kumar Trivedi2 pages

Patna High Court Cr.Misc. No.17388 of 2015 (3) dt.26-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17388 of 2015 Arising Out of PS.Case No. -224 Year- 2013 Thana -ALOULI District- KHAGARIA ======================================================

1. Prem Lal Yadav Son of Bindeshwari Yadav, Resident of Village - Bahadurpur, P.S. Alauli District - Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Sumiran Rai, Adv. For the Opposite Party/s : Mr. Ajay Kumar 1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 26-06-2015 Heard learned counsel for the petitioner as well as learned APP for the State.

Informant happens to be father of deceased, Anisha Devi, filed a written report disclosing therein that his son-in-law, Prem Lal Yadav (petitioner), Bhainsur, Jaijai Ram Yadav, Devar, Arun Yadav committed murder of his daughter by strangulation. Perused the case diary. None is an eyewitness to occurrence. Co-villagers examined under para-41 and onwards have narrated it to be a case of suicide. At the other end, the Naiherwalas of deceased consistently stated that there was partition in the family of Anisha Devi and the land, over which Jaijai Ram and Arun were running flour mill, was allotted to the share of Anisha Devi and for that she was persistently demanding removal of flour mill and for that Jaijai Ram and Arun were times

Patna High Court Cr.Misc. No.17388 of 2015 (3) dt.26-06-2015 without number, treated with physical violence. In the aforesaid background, probability of son-in-law against whom prosecution party never alleged any adverse allegation since before the occurrence, would not justify his complicity being one of the culprits.

Accordingly, petitioner, Prem Lal Yadav is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Alauli Ps Case No. 224/2013.

(Aditya Kumar Trivedi, J) perwez U T