Patna High CourtCR. MISC./49889/2016bail granted

Bhawan Yadav v. The State Of Bihar

2017-01-27Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49889 of 2016 Arising Out of PS.Case No. -76 Year- 2014 Thana -MURLIGANJ District- MADHEPURA ====================================================== Bhawan Yadav, S/o Ram Kumar Yadav, resident of village - Kamaljari, P.S. Sour Bazar ( Patarghat O.P. ), District - Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-01-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under Section 366 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that he is not named in the First Information Report but his name has come in the confessional statement of co-accused Vijay Kumar Yadav.

The learned A.P.P. after going through the case diary has stated that besides naming the petitioner in the confessional statement by co-accused Vijay Kumar Yadav, there is no direct material against him in the case diary. It is alleged that the deceased Anju Devi is the wife of Vijay Kumar Yadav and Vijay

Patna High Court Cr.Misc. No.49889 of 2016 (3) dt.27-01-2017 2/2 Kumar Yadav developed illicit relationship with Sima Devi and, thereafter, dispute arose between them. It is alleged by the informant that on account of such dispute, Vijay Kumar Yadav along with 2 to 3 unknown persons killed Anju Devi. The learned Sessions Judge has mentioned in the impugned order that name of the petitioner has come in the confessional statement of Vijay Kumar Yadav recorded in paragraph-63 of the case diary.

Considering the facts and circumstances of the case, let the petitioner above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Murliganj P.S. Case No. 76 of 2014, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura, subject to the conditions as laid down under Section 438 (2) Cr. P.C. (Sanjay Priya, J) S.Ali/- U T