Ajay Yadav @ Bichha Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10784 of 2015 Arising Out of PS.Case No. -264 Year- 2014 Thana -GAURICHAK District- PATNA ====================================================== Ajay Yadav @ Bichha Yadav, Son of Arjun Yadav, Resident of Village - Govasa Shekhpura, P.S. Pandarak, District - Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== With Criminal Miscellaneous No.13006 of 2015 Arising Out of PS.Case No. -264 Year- 2014 Thana -GAURICHAK District- PATNA ====================================================== Ram Salok Yadav, son of Kedar Yadav, resident of village- Mobarkapur, P.S.- Bhadaur, District- Patna.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

(In Cr.Misc. No.10784 of 2015) For the Petitioner/s : Mr. Dharmendra Kumar, Advocate For the Opposite Party/s : Mr. Dr.Kr.Uday Pratap(App) (In Cr.Misc. No.13006 of 2015) For the Petitioner/s : Mr. Malay Kumar Choudhary, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 26-06-2015 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

Both these applications arise out of Gaurichak P.S. Case No.264/2014 registered for the offence punishable under Sections 364A/34 of the Indian Penal Code, as such, they have been heard together and are being disposed of by this common order.

Patna High Court Cr.Misc. No.10784 of 2015 (4) dt.26-06-2015 2/3 The prosecution case, in brief, is that Heera Lal (victim), son of the informant was taken to Delhi for providing job by the accused named in the FIR. Later on, a telephonic call was received by the informant by which ransom of Rs.3,50,000/- was demanded for the release of her son.

It is submitted that the petitioners have not been named in the FIR. Their name has appeared during investigation. Only suspicion has been raised against the petitioners. They have confessed their guilt before the police. The confession before the police has led to no recovery and the informant has alleged that the investigating officer has asked her to name both the petitioners, but she has not made any allegation against them. According to the confession, the victim has been killed after making conspiracy, but the dead body has not been recovered as yet. However, after investigation, charge sheet has been submitted under Section 364A of the Indian Penal Code. The petitioners are in custody since 27.11.2014.

Considering the facts and circumstances of the case, let the above-named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction Sri Sanjay Kumar-IV, Judicial Magistrate, 1st Class, Patna City/court concerned after framing of charge in

Patna High Court Cr.Misc. No.10784 of 2015 (4) dt.26-06-2015 3/3 Gaurichak P.S. Case No.264/2014 with the following conditions : 1.

One of the bailors will be the close relative of the petitioners.

2.

The petitioners will not indulge in similar or in any other offence.

3.

The petitioners will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, their bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T