Sushil Yadav @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4941 of 2021 Arising Out of PS. Case No.-165 Year-2019 Thana- PIPRA District- Supaul ====================================================== 1.

Sushil Yadav @ Sunil Kumar aged about 35 years Son Of Satyadeo Yadav Resident Of Village-Jarauli, P.S.-Pipra, District-Supaul. 2.

Subhash Yadav aged about 30 years Son Of Satyadeo Yadav Resident Of Village-Jarauli, P.S.-Pipra, District-Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suresh Kumar, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-03-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioners and the State.

Petitioners seek bail in a case registered for the offence punishable under sections 302, 201, 120B/34 of the Indian Penal Code.

As per the prosecution case, on 7.7.2019 informant's son had gone to his Sasural with his wife to attend the marriage function of his Sala. On 12.7.2019 his mobile phone was found switched off and on 13.7.2019 dead body of his son was recovered near the bridge of a canal of village Kateiya. As there

Patna High Court CR. MISC. No.4941 of 2021(2) dt.25-03-2021 2/3 was some dispute between informant's son with his Sasur, informant has suspected that his in-laws might have killed his son.

Learned counsel for the petitioners submits that the petitioners are brother-in-laws of the deceased and they have falsely been implicated in this case on the basis of suspicion. There is no eye witness to the occurrence and no tangible material has been collected during course of investigation to show complicity of the petitioners in the crime. Similarly situated co-accused has already been allowed bail by a coordinate bench of this Court vide Annexure 2. Petitioners have got clean antecedent as stated in paragraph 3 of the bail petition. Petitioners are in custody since 7.9.2020.

Considering the nature of allegation and the fact that the petitioners happen to be brother-in-laws of deceased and similarly situated co-accused (father of the petitioners) has been granted bail, let the petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VI, Supaul in Pipra Police Station Case No. 165 of 2019 on the following conditions:-

Patna High Court CR. MISC. No.4941 of 2021(2) dt.25-03-2021 3/3

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T