Durga Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35275 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- PARAIYA District- Gaya ====================================================== 1.

DURGA YADAV Son of Late Gowardhan Yadav Resident of VillageSonbarsa, P.S.- Paraiya, District- Gaya. 2.

Mukesh Yadav @ Mukesh Kumar Son of Late Durga Yadav Resident of Village-Sonbarsa, P.S.-Paraiya, District-Gaya. 3.

Munna Yadav Son of Durga Yadav Resident of Village-Sonbarsa, P.S.- Paraiya, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagendra Kumar Singh For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-08-2019 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in connection with Paraiya P.S.Case No.37/2019 registered for offences punishable under Sections 307, 504, 506,34/120(B) of the Indian Penal Code and later on 302 of the IPC has been added..

This case has been lodged on the statement of the deceased prior to her death before the police that discloses that the petitioner nos. 1 and 2 have sprinkled the K-oil and set her body on fire , due to which causing injury to her. Submission of the learned counsel for the petitioners is

Patna High Court CR. MISC. No.35275 of 2019(3) dt.17-08-2019 2/2 that so far petitioner no.3 is concerned, no allegation has been alleged by her in her statement prior to her death before the police and the petitioner nos. 1 and 2 have also been falsely implicated in this case.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, so far petitioner nos. 1 and 2, named above, are concerned, I am not inclined to grant privilege of anticipatory bail to them, as such this application against them is dismissed.

So far petitioner no.3, named above, is concerned, let the petitioner no.3 in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM IIIrd, Gaya in connection with Paraiya P.S.Case No.37 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is disposed of. (Vinod Kumar Sinha, J) chn/- U T