Wakil Prasad Yadav @ Wakil Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22881 of 2015 Arising Out of PS.Case No. -46 Year- 2014 Thana -SANGRAMPUR District- MUNGER ======================================================
1. Wakil Prasad Yadav @ Wakil Yadav son of Chandar Yadav null
2. Babloo Yadav
3. Nandu Yadav Both sons of Wakil Prasad Yadav All resident of village Badhauniya, Police Station Sangrampur, District- Munger. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Ranjan For the Opposite Party/s : Mr. Rajiv Nayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 302, 201, 34 and 306of the Indian Penal Code.
It is alleged by the informant that she was residing in her parental home with her husband for the last 15 days as her Bhaisur Nandu Yadav and Babloo Yadav, Gotni Kanchan Devi and Guria Devi, mother-in-law Sumitra Devi and father-in-law Wakil Yadav always used to pick up quarrel whenever she or her husband made demand for the return of their Rs.Two lacks. On 09.05.2014 her husband left the house saying that he was going to his elder brother to take his money back and the money was
returned on the same day, but when her husband did not come, then she along with her grand-father Ramdeo Yadav and uncle Guneswar Yadav went to her matrimonial village Barhonia on 14.05.2014, where she found all the family members absconding from the house and was informed by the villager that her husband Niranjan Yadav was done to death by her in-laws who have also caused disappearance of the dead body.
Learned counsel for the petitioners submits that petitioner has got no criminal antecedent. It has been submitted that the petitioners no.2 and 3 are the brothers of the deceased and petitioner no.1 is the father of the deceased. As per the prosecution case, it is said that the deceased had given Two lacks to his brother and on the alleged date, he had left his house to collect the said money from his brother and he did not return. Except for the suspicion, there is no other material to suggest the implication of the petitioners who happened to be the father and brothers of the deceased.
On behalf of the State, it has been submitted that the petitioners are named in the FIR.
Considering the aforesaid facts, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, be released 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 learned Judicial Magistrate, Ist Class, Munger in connection with Sangrampur P.S.Case No.46 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sudhir Singh, J) B.Kr./- U T