Bipin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55326 of 2015 Arising Out of PS.Case No. -72 Year- 2015 Thana -SURYAGARHA District- LAKHISARAI ====================================================== Bipin Yadav, Son of Late Yogi Yadav, Resident of Village - Kharrah, P.S. - Surajgarha, District - Lakhisarai.

.... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. Ambika Bhagat, Advocate. For the State : Mr. Dashrath Mehta, A.P.P. For the Informant : Mr. Amrendra Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 03-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant.

The petitioner seeks bail in connection with Surajgarha P.S. Case No.72 of 2015 registered under Sections 302, 201 and 120-B of the Indian Penal Code.

The allegation is that when Mannu Tanti, the husband of the informant, Suma Devi, was sleeping at his house, coaccused Pinku Yadav came to his house and called her husband for threshing and when the husband of the informant went for threshing, it is alleged that that the husband of the informant was thrown in threshing machine due to which the husband of the

Patna High Court Cr.Misc. No.55326 of 2015 (3) dt.03-02-2016 2/2 informant sustained injuries and died.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the husband of the informant was engaged in operating the threshing machine for threshing the wheat crops in course of which, his hand came in contact of the blade of the threshing machine and he sustained injuries and died but due to ulterior motive, the informant has lodged this false case against the petitioner and other accused, named in the F.I.R. It is further submitted that the similarly situated co-accused Sumit Yadav has already been granted bail by a Bench of this Court vide order dated 03.11.2015 passed in Criminal Misc. No.41410 of 2015 and the petitioner having no criminal antecedent is in custody since 08.06.2015.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Lakhisarai, in connection with Surajgarha P.S. Case No.72 of 2015.

(Rajendra Kumar Mishra, J) P.S./- U T