Kailash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48074 of 2014 Arising Out of PS.Case No. -30 Year- 2003 Thana -CHANDAN District- BANKA ====================================================== Kailash Yadav, W/o Bispat Yadav, Resident of Village - Noniya, Police Station - Chandan (Anandpur O.P.), District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Ms. Sahin Begum(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in a case registered under Sections 302/34 of the Indian Penal Code.

The prosecution case, in brief, is that on the basis of Fard beyan of the informant that on 27.5.2003 at 10 A.M. Dewar of the deceased Radhika Devi has informed the informant and his family members that deceased Radhika Devi went away from the house after quarrelling with her husband and till now, she has not returned back to her marital home, so he came to her about the knowledge that she has reached there or not. It is further alleged that after search, the deceased Radhika Devi was found in decomposed condition in the mini

Patna High Court Cr.Misc. No.48074 of 2014 (5) dt.14-07-2015 2/2 forest, ARKESIYA, western side of Nonia village and the deceased has scratch mark on her neck. It is further alleged that the informant is confident that accused Rajendra Yadav, the husband of the deceased, and Kailash Yadav, Dewar of the deceased, have murdered the victim Radhika Devi. It has been submitted on behalf of the petitioner that the petitioner is in custody since 5.9.2014 and the charge sheet has already been submitted in the case. It is further submitted that as far as the petitioner is concerned, he is Dewar of the deceased and there is no specific allegation against him. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released 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, Banka, in connection with Chandan P.S. Case No.30 of 2013.

(Sudhir Singh, J) PNM U T