Devendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38532 of 2020 Arising Out of PS. Case No.-28 Year-2020 Thana- ARER District- Madhubani ====================================================== 1.

Devendra Yadav Son Of Lakshmi Yadav 2.

Pramila Devi Wife Of Devendra Yadav Both resident Of Village Badhwan, P.S. Arer, District Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Mr. Jai Narayan Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-04-2021 Heard the parties in virtual Court proceeding. The petitioners are languishing in custody for the offences punishable under Sections 302/201/34 of the Indian Penal Code.

The petitioners are parents of Lalita Devi.

The prosecution case is that 12 years old daughter of Lalita Devi, namely, Chhoti Kumari, disclosed to the informant, who is father of the deceased, that the petitioners have killed Lalita by throttling. The case-diary reveals that the statement of the minor girl of deceased was not recorded by the police and informant is not an eyewitness of the occurrence. Husband of the deceased is not a co-accused.

Learned Additional Public Prosecutor opposed the

Patna High Court CR. MISC. No.38532 of 2020(4) dt.12-04-2021 2/2 prayer for bail.

Since there is no direct evidence against the petitioners, let the petitioners, above named, who are in custody since 08.03.2020, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Arer P.S. Case No.28 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below. (b) The petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(c) The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T