Patna High CourtCR. MISC./12098/2017bail granted

Naresh Yadav And ANR v. The State Of Bihar

2017-03-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12098 of 2017 Arising Out of PS.Case No. -35 Year- 2015 Thana -SIMULTALA District- JAMUI ======================================================

1. Naresh Yadav, S/o Titu Yadav, Resident of Village - Jagatraidih, P.S.- Simultala, District - Jamui.

2. Bhairo Singh, S/o Babulal Singh, Resident of Village- Jhosa, P.S.- Simultala, District- Jamui.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Mukul Jee, Advocate.

For the Opposite Party : Mr. Mustaque Alam, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-03-2017 Heard both sides.

The petitioners seek bail in Simultala P.S. Case No. 35 of 2015, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

Rani Devi the informant alleged that her husband went outside of his house to purchase some articles on 07.07.2015 but he did not return in the night. On the next day the dead body of her husband was found. The informant further alleged that son of her brother-in-law threatened her husband of dire consequences. Naresh Yadav, the nephew of the husband of the informant, was accompanied by Charka Mian, Hasua Mian and Bhairo Singh. Learned counsel for the petitioners submits that save

Patna High Court Cr.Misc. No.12098 of 2017 (2) dt.18-03-2017 2/2 and except suspicion there is no material against the petitioner. Naresh Yadav is nephew of the deceased and there is a land dispute. It is further submitted that Hasua Mian and Charka Mian have already been enlarged on bail vide order dated 09.03.2017 passed in Cr. Misc. No. 6604 of 2017. The case of the petitioners stands on the same footing.

Learned APP did not dispute the facts.

Considering the facts aforesaid and the fact that save and except suspicion there appears no material against the petitioners, the petitioners above named are directed to be enlarged 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 the Chief Judicial Magistrate, Jamui in Simultala P.S. Case No. 35 of 2015.

(Prabhat Kumar Jha, J.) KKSINHA/- U T