Patna High CourtCR. MISC./27389/2015bail granted

Raghu Yadav And ANR v. The State Of Bihar

2015-10-13Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.27389 of 2015 (3) dt.13-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27389 of 2015 Arising Out of PS.Case No. -161 Year- 2015 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Raghu Yadav Son of Late Raso Yadav

2. Ashok Yadav Son of Raghu Yadav Both resident of Village - Sahugarh, Tola - Bhagwanpur, Ward No. 12, Police Station and District - Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s Mr. Md. Ataur Rahman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 13.10.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State and also heard learned counsel for the informant.

Petitioners happen to be agnates of the informant and in the fardbeyan of the informant, general allegation of assault was levelled against the petitioners and others.

Moreover, in course of investigation, when further statement of the informant was recorded at para 7 of the case diary, she stated that it was petitioner no.2 who gave fatal blow causing head injury to the deceased. Para 28 of the case diary reveals that injury on the head of the deceased was found fatal.

Learned counsel for the petitioners submits that informant has not made any specific allegation against accused persons including the petitioners when her fardbeyan was recorded but later

Patna High Court Cr.Misc. No.27389 of 2015 (3) dt.13-10-2015 on, she developed the story.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura in Madhepura P.S. Case no. 161/2015. shahid (Hemant Kumar Srivastava,J) U T