Sudama Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26528 of 2015 Arising Out of PS.Case No. -108 Year- 2014 Thana -BIHARIGANJ District- MADHEPURA ======================================================

1. Sudama Yadav Son of Domi Yadav Resdient of Village- Dhuria Sautari, P.S. Chausa, District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Prasad Verma For the Opposite Party/s : Mr. Binod Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-07-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks regular bail in a case registered for the offences punishable under sections 302,201/34, 120(B) of the Indian Penal Code and Section 3(2)(v) of the S.C./S.T. (Prevention of Atrocities) Act.

It is alleged that the husband of the informant Tarni Ram and Mantu Singh proceeded to Udakishunganj and from there to Babhangama, the daughter-in-law's house. Next day i.e. on 1307.2014 a call was received on his husband's mobile and after some time her husband went from there along with Mantu Singh. When her husband did not return in the night, the informant tried to search him out and lodged a Sanha about the missing of her husband. Thereafter the police informed her that a headless dead body was found near Bihariganj which was identified by the

Patna High Court Cr.Misc. No.26528 of 2015 (2) dt.27-07-2015 informant as her husband. She suspected that Sudama Yadav and Ashok Yadav have killed her husband.

On behalf of the petitioner it is submitted that the petitioner is in custody since 15.11.2014. Charge-sheet has been submitted in the case. It is further submitted that co-accused Prasadi Thakur, Anjan Thakur, Niranjan Thakur, Akhilesh Thakur and Ashok Yadav have already been granted bail by order dated 24.04.2015 vide Criminal Misc. No. 4732 of 2015. There is no direct evidence against the petitioner. The petitioner has been named merely on suspicion.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts aforesaid, let the petitioner above named, 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 the learned Chief Judicial Magistrate, Madhepura in connection with Bihariganj P.S. Case no. 108 of 2014.

(Sudhir Singh, J) Amin/- U