Mutto Yadav @ Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27054 of 2015 Arising Out of PS.Case No. -45 Year- 2013 Thana -AKBARNAGAR District- BHAGALPUR ======================================================

1. Mutto Yadav @ Mukesh Yadav son of Bhikho Yadav Resident of Village Balua Tola, Police Station - Nathnagar, District - Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dr. Manoj Kumar For the Opposite Party/s : Mr. Ganesh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-07-2015 Heard the learned counsel for the petitioner as well as the learned for the State.

The petitioner seeks bail in a case for the offences punishable under sections 452, 302, 436/34 of the I.P.C and section 27 of the Arms Act.

The prosecution story, in brief, is that on 27.7.2013 at 12.00 night the informant heard sound and saw that the accused persons committed rape with his mother and one co-accused Jai Jai Ram fired upon his mother and one co-accused Arbind Yadav set fire in the corner of hut as a result of which his mother died and hut was also brunt.

On behalf of the petitioner it has been submitted that the petitioner is in custody since 22.8.2014. Charge sheet has been

Patna High Court Cr.Misc. No.27054 of 2015 (2) dt.28-07-2015 2/2 submitted in the case. It is submitted on behalf of the petitioner that the allegation of rape is against other co-accused Jai Jai Ram, Fulo Yadav and Sitaram Yadav. The petitioner has not set fire to the hut of the deceased.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

In the facts and circumstances as stated above, the petitioner is directed to 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 C.J.M. Bhagalpur in Akbar Nagar P.S. Case No. 45 of 2013.

(Sudhir Singh, J) Abhay/- U T