Satya Narain Yadav @ Satya Narayan Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29312 of 2016 Arising Out of PS.Case No. -36 Year- 2015 Thana -MANIHARI District- KATIHAR ======================================================

1. Satya Narain Yadav @ Satya Narayan Yadav Son of Late Aklu Das

2. Barun Kumar Yadav @ Barun Yadav

3. Gajendra Kumar Yadav @ Jeetendra Kumar Yadav, Both Sons of Satya Narain Yadav, All are resident of village- Bari Baghmara, P.S.- Manihari, District- Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s : Smt. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-09-2016 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 302/34 of the I.P.C.

The prosecution story, in brief, is that the informant's sister was married with Shambhu Yadav. An altercation took place between his sister and the accused persons including the petitioners on the point of tying she-goat, whereupon the accused persons abused and brutally assaulted her and set her on fire by sprinkling kerosene oil. She was taken to Manihari Hospital for treatment and from where to Katihar and thereafter to Patna for better treatment and ultimately in course of treatment she died. It has been submitted on behalf of the petitioners that the petitioners are in custody since 17.5.2016 and the charge sheet has been submitted in the present case. The petitioners have got no

Patna High Court Cr.Misc. No.29312 of 2016 (3) dt.26-09-2016 criminal antecedents. There is no allegation of tampering of witnesses alleged against the petitioners. Altogether six persons are named in the F.I.R. including the petitioners. No specific allegation has been made. General and omnibus allegation has been made against the petitioners. The alleged date of occurrence is 10.3.2015, whereas the case was instituted on 20.3.2015. In paragraph 16 of the case diary it has been stated by the sister of the deceased that deceased had caught fire while cooking and subsequently she succumbed to the burn injuries in course of treatment after 10 days of occurrence at P.M.C.H. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners above named 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 J.M., 1st class, Katihar in connection with Manihari P.S. case No.36 of 2015 (G.R. No.693 of 2015).

(Sudhir Singh, J) Narendra/- U T