Bijendra Yadav @ Bijendra Prasad @ Birendra Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43219 of 2018 Arising Out of PS.Case No. -312 Year- 2016 Thana -MASAURHI District- PATNA ======================================================

1. Bijendra Yadav @ Bijendra Prasad @ Birendra Prasad, S/o Late Ragho Prasad,

2. Ghamandi Yadav @ Alakh Niranjan Kumar @ Alakh Niranjan S/o Bijendra Yadav @ Bijendra Prasad @ Birendra Prasad,

3. Bhura Yadav @ Pramod Kumar S/o Awdhesh Prasad, All are R/o Vill.- Timeri Mathiya, P.S.- Masaurhi, Distt.- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shakti Suman Kumar, Adv For the Opposite Party/s : Mr. Sri Prem Kumar Jha,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302,120B of the Indian Penal Code.

The informant is second wife of victim-Ajay Kumar. Murder of the husband of the informant was committed by causing injury with dagger. She alleges that the first wife and other inlaw, who are named in the FIR including the petitioners, had committed the murder. Submission of the learned counsel for the petitioners is that there is no eye witness of the occurrence, which would be evident from the case diary and just to pressurize for property dispute, false case has

Patna High Court Cr.Misc. No.43219 of 2018 (3) dt.06-10-2018 2/2 been lodged.

Considering the fact that there is no eye witness of the occurrence, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Masaurhi P.S.Case No. 312 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U T