Girjesh Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33527 of 2017 Arising Out of PS.Case No. -144 Year- 2014 Thana -KONCH District- GAYA ======================================================

1. Girjesh Yadav son of Late Ramdeo Yadav

2. Sesa Devi @ Shaishe Devi Wife of Girjesh Yadav

3. Awadhesh Yadav son of Girjesh Yadav

4. Ramesh Yadav son of Girjesh Yadav

5. Radhekant Yadav son Girjesh Yadav

6. Asha Devi wife of Awadhesh Yadav

7. Mahajani Devi @ Sangita Devi W/O Ramesh Yadav

8. Sumanti Devi wife of Radhekant Yadav

9. Satyendra Yadav son of Arjun Yadav. All are resident of VillageGarari, P.S. Konch, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-10-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the state.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Konch P.S. Case No. 144 of 2014 for the offences punishable under sections 302, 201, 120 (B) and 34 of the I.P.C.

Allegedly, on 04.10.2014 at 7 A.M. the informant received information that his sister died then he went to VillageGarari and could not found his sister and it is alleged that all the accused persons killed his sister. Earlier his sister used to make

Patna High Court Cr.Misc. No.33527 of 2017 (4) dt.17-10-2017 2/2 complaint about her husband and in-laws.

Submission is of false implication and that statement of the informant was recorded under section 164 of the Cr.P.C. vide Annexure-3 wherein the informant had not supported the prosecution version and has stated that his sister died due to diarrhea, the matter has been compromised and the compromise petition has also been filed and as such the petitioners deserve sympathetic consideration.

The learned A.P.P. fairly submits that the informant in his statement recorded under section 164 of the Cr.P.C. has not supported the prosecution version and the matter has been compromised.

In the facts and circumstances stated above, the petitioners, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M-III, Gaya in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T