Sunil Kumar @ Sushil Kumar @ Sushil Yadav @ Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53315 of 2016 Arising Out of PS.Case No. -76 Year- 2014 Thana -MURLIGANJ District- MADHEPURA ====================================================== Brahamdeo Yadav, Son of Bihari Yadav, Resident of Village Kamaljari, P.S.- Sourbajar (Patarghat OP) District Saharsa. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.55590 of 2016 Arising Out of PS.Case No. -76 Year- 2014 Thana -MURLIGANJ District- MADHEPURA ====================================================== Sunil Kumar @ Sushil Kumar @ Sushil Yadav @ Sunil Yadav, Son of Late Devanand Yadav, resident of Village Kamaljari, PS- Sourbajar, (Patarghat OP), District- Saharsa.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.53315 of 2016) For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate. For the Opposite Party/s : Mr. Md. Ansarul Haque, APP (In Cr.Misc. No.55590 of 2016) For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate For the Opposite Party/s : Mr. Md. Ansarul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-02-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Murliganj P.S. Case No. 76 of 2014, registered under Section 366 of the Indian Penal Code.

The accusation is of kidnapping of Anju Devi, daughter of the informant, by her husband, Vijay Kumar Yadav, with the help of other accused persons named in the F.I.R. On search, no trace was found of daughter of informant. Vijay Kumar Yadav, husband of daughter of the informant, has love affair with one Seema Devi and due to that reason he used to torture the daughter of informant. Informant also raised suspicion of murder of his daughter after kidnapping.

Learned counsel for the petitioners submits that Murliganj P.S. Case No. 76 of 2014 was instituted, under Section 366 of the Indian Penal Code, against co-accused Bijay Kumar, husband of Anju Devi and others on the basis of written report of informant, Ashok Kumar Yadav and later on Sections 364, 302, 201 and 120(B) of the Indian Penal Code, also added. In course of investigation, only suspicion has been raised against petitioners and one Bhawan Yadav having hand in the murder of the daughter of the informant being the associates of Bijay Yadav, husband of daughter of informant. It is further submitted that similarly situated co-accused, Bhawan Yadav, has already been granted privilege of bail by this Court vide order dated 27.01.2017 passed in Criminal Misc. No. 49889 of 2016.

Having regard to the facts and circumstances of the

case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura, in connection with Murliganj P.S. Case No. 76 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T