Kalo Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.22962 of 2017 (5) dt.29-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22962 of 2017 Arising Out of PS.Case No. -233 Year- 2015 Thana -JHAJHA District- JAMUI ====================================================== Kalo Yadav, S/o Yugal Yadav, resident of Village- Alakjara, P.S.- Jhajha, Dist- Jamui.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Prabhat Ranjan Singh For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Jhajha P.S. Case No. 233 of 2015 registered under Sections 302 and 201/34 of the Indian Penal Code.

On receiving the dead body of unknown lady near Ulay river, Jhajha P.S. Case No. 233 of 2015 was instituted on 10.12.2012 against unknown. Later on, the dead body was identified by Shankar Singh as his wife, Gulti Devi. He also stated that his wife was accompanied by Upendra Yadav @ O.P. Yadav for settlement of dispute in between him and his wife, but she did not return. He also disclosed the name of 4-5 persons including the petitioner, who used to visit at his house.

Patna High Court Cr.Misc. No.22962 of 2017 (5) dt.29-11-2017 Learned counsel for the petitioner submits that, in fact, deceased, Gulati Devi, had lodged a case under Section 498A and other allied Sections of the Indian Penal Code against her husband, Shankar Singh and in-laws and after recovery of the dead body, Shankar Singh, disclosed the name of several persons with allegation that they used to visit at his house. It is further submitted that co-accused, Upendra Yadav @ O.P. Yadav, who accompanied the deceased, wife of Shankar Singh, prior to the recovery of the dead body, has already been granted privilege of pre-arrest bail by a Bench of this Court vide order dated 28.11.2016 passed in Criminal Misc. No. 51041 of 2016.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Jamui, in connection with Jhajha P.S. Case No. 233 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T