Hemraj Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45915 of 2018 Arising Out of PS.Case No. -71 Year- 2010 Thana -FATEHPUR District- GAYA ======================================================

1. Hemraj Yadav,

2. Mahesh Yadav. Both S/o Nanhku Yadav, R/o Vill.- Simariya, P.S.- Fathepur, District- Gaya.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Shivendra Prasad, Advocate. For the Opposite Party : Mr. Anil Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-09-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are languishing in custody since 30.04.2018 and 05.05.2018 respectively in a case for the offence registered under Sections 302 and 201/34 of the IPC. The prosecution story, in brief, is that the informant's daughter was married with Rajesh Yadav in the year 1998. She had no issue. For which, her in-laws used to torture and assault upon the deceased. On 07.05.2018, accused persons including the petitioners killed the daughter of the informant. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent.

Patna High Court Cr.Misc. No.45915 of 2018 (4) dt.13-09-2018 2/2 Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners are brothers-in-law (Bhaisur) of the deceased. They are separate in mess and property from the husband of the deceased. The husband of the deceased has already been acquitted by the court below itself. In paragraph nos. 9, 10 and 11 of the case diary, it has come that the deceased had committed suicide herself.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Gaya, in connection with Fatehpur P.S. Case No. 71/2010. U.K./- (Sudhir Singh, J) U T