Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55897 of 2015 Arising Out of PS.Case No. -15 Year- 2015 Thana -SHAKURABAD District- JEHANABAD ====================================================== Sanjay Yadav Son of Munarik Yadav, resident of village- Bhola Bigha, P.s. Kurtha, District Arwal .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Paras Nath, Adv. For the Opposite Party/s : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 15-02-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in Shakurabad P.S. Case No. 15/2015, registered for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code.

Case diary of the present case was called for which has since been received.

Learned counsel for the petitioner submits that the dead body of a lady was found and through tattoo on the hand of the deceased, her daughter recognized that the body is of her mother Bhagwania Devi. It is further submitted that the petitioner and one Anantu Yadav who are brother-in-law and brother of one Ram Eqbal Yadav, who had relationship with the lady Bhagwania Devi, had threatened the said Bhagwania Devi against the illicit relationship with Ram Eqbal Yadav. It is submitted that the husband of Bhagwania Devi had died about 7-8 years back and said Ram Eqbal Yadav was virtually living with

Patna High Court Cr.Misc. No.55897 of 2015 (3) dt.15-02-2016 2/2 her.

Learned counsel for the State, after perusal of the case diary, submits that the aforementioned story is stated by the daughter of the deceased lady. It is further submitted by the learned counsel for the State that save and except the fact that a month prior to recovery of the dead body, the petitioner Sanjay Yadav had abused Ram Eqbal Yadav and apart from the said incident there is no further cogent material on record to show that the petitioner had himself participated in the occurrence leading to the death of the deceased Bhagwania Devi.

Considering all facts and circumstances and also in view of the fact that the petitioner has no criminal antecedent and there being no cogent material in the case diary, let the petitioner in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Shakurabad P.S. Case No. 15/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J.) Rakhi U T