Guddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55585 of 2023 Arising Out of PS. Case No.-228 Year-2023 Thana- SHAHKUND District- Bhagalpur ====================================================== 1.

GUDDU YADAV SONOF NAGESHWAR YADAV RESIDENT OF VILLAGE SAIDPUR (TELIYA TOLA), P.S. - SHAHKUND, DISTRICT - BHAGALPUR 2.

MANDHURI MALA @ MALA DEVI @ MADHURI MALA WIFE OF LATE NAGESHWAR YADAV RESIDENT OF VILLAGE SAIDPUR (TELIYA TOLA), P.S. - SHAHKUND, DISTRICT - BHAGALPUR 3.

SANKU DEVI WIFE OF GUDDU YADAV RESIDENT OF VILLAGE SAIDPUR (TELIYA TOLA), P.S. - SHAHKUND, DISTRICT - BHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR HIGH COURT ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 120(B) of the Indian Penal Code.

3. The allegation against the petitioners is that they along with other co-accused persons killed the informant's daughter.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. Petitioners are in-laws of the deceased. No such

Patna High Court CR. MISC. No.55585 of 2023(2) dt.10-10-2023 2/3 occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. Petitioners have no concern with the family affairs of the deceased and her husband, as they have been living separately. They have no role in the alleged occurrence. Petitioner no.1 has one criminal antecedent, whereas petitioner no.s 2 & 3 have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Considering the fact that petitioner no.1 is involved in murder of the informant's daughter, I am not inclined to enlarge the petitioner no.1 on bail. The prayer for bail of the petitioner no.1 is hereby rejected.

7. However, both petitioner nos. 2 & 3 are females and petitioner no.2 is aged about 70 years, the above named petitioner nos. 2 & 3, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in

Patna High Court CR. MISC. No.55585 of 2023(2) dt.10-10-2023 3/3 connection with Shahkund P.S. Case No. 228 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

8. Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) divyanshi/- U T