Parmanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9888 of 2016 Arising Out of PS.Case No. -147 Year- 2015 Thana -KHIJARSARAI District- GAYA ====================================================== Parmanand Yadav, Son of Chottan Yadav, Resident of Village:- Naubatpur, P.S.:- Khijersarai, District:- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s : Mr. Madhuranand Jha (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-04-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is the husband who apprehends arrest in connection with Khizarsarai P.S. Case No. 147/15 for offences alleged under Sections 302/201/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that the petitioner and other family members killed the daughter of the informant and disposed of her dead body in order to conceal the evidence only because the deceased had lost some of her ornaments, which could not be found.

It has been submitted by the learned counsel for the petitioner that the petitioner has no criminal antecedent and the marriage between the petitioner and the deceased had taken place

Patna High Court Cr.Misc. No.9888 of 2016 (2) dt.13-04-2016 2/2 in 1998. It has further been submitted that the informant has filed a petition (Annexure-2) stating therein that the deceased died due to snake bite. Furthermore, the counsel submits that one of the coaccused, against whom allegations are similar, has since been granted the privilege of anticipatory bail in Cr. Misc. No. 54050 of 2015 on 18.03.2016.

However, learned APP for the State submits that the petitioner is named in the First Information Report and opposes the prayer for bail.

Be that as it may, since the other co-accused has been granted the privilege of anticipatory bail and the statement of the informant that his daughter (deceased) died due to snake bite, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gaya, in connection with Khizarsarai P.S. Case No. 147/15, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nilu Agrawal, J.) Rajesh/- U T