Pappu Yadav @ Prakar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.11348 of 2017 (2) dt.18-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11348 of 2017 Arising Out of PS.Case No. -230 Year- 2016 Thana -FATEHPUR District- GAYA ======================================================

1. Pappu Yadav @ Prakar son of Late Jitan Yadav

2. Ratna Yadav @ Ratna son of Late Jitan Yadav both residents of village - Bherawa, P.S. - Fatehpur, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. MATLOOB RAB, AAP-34 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-03-2017 Heard learned counsel for the petitioners, and the learned counsel representing the State.

The petitioners apprehend their arrest in connection with Fatehpur P.S Case No. 230 of 2016 registered for the offences punishable under Sections 304(B), 328 and 201/34 of the Indian Penal Code.

The allegation against the petitioners is that they assisted in disposing off the dead body of Madhuri Devi, the daughter of the informant who was married to Nawalesh Yadav one year ago.

Submission is of false implication and that against the petitioners no offence under Section 304(B) IPC is made out.

Patna High Court Cr.Misc. No.11348 of 2017 (2) dt.18-03-2017 It may be a case under Section 201 IPC. The informant has lodged this case under misconception and after knowing the reality, has filed petition in the court below vide annexure-2 series. The informant has also sworn affidavit, showing innocence of the petitioners and others and as such, the petitioners deserve sympathetic consideration.

Learned A.P.P. fairly submits that now the informant is retracting from his earlier version.

In the facts and circumstances stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of the order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Xth at Gaya in connection with Fatehpur P.S. Case No. 230 of 2016 subject to the conditions as laid down in Section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J) sushma/- U T