Madhu Kumar @ Madhu Kumar Yadav @ Madhaw @ Madhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71098 of 2023 Arising Out of PS. Case No.-921 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== Madhu Kumar @ Madhu Kumar Yadav @ Madhaw @ Madhu Yadav Son Of Raben Yadav @ Rabin Yadav @ Rabindra Yadav Resident Of Village - Birahania (BIRNIYA), Ward No.12, P.S. And District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201 and 34 of the Indian Penal Code.

3. Allegation against the petitioner along with other co-accused persons is that they brought the son-in-law of the informant, namely, Arman but he did not return that day. On next day, informant came to know that they committed murder of his son-in-law and threw his dead body on railway track.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.71098 of 2023(3) dt.30-01-2024 2/3 the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Informant is not the eye witness of the alleged occurrence. It is further submitted from para-11 of this petition that the informant forcibly solemnized the marriage of his daughter with one Md. Arman who is dump(gunga) and from the day of marriage, Md. Arman was living in depression and he might have committed suicide on Railway track. Nothing consistent material has found against the petitioner to implicate in this alleged offence. From perusal of the postmortem report, the doctor opined that the cause of death of the deceased is due several injuries caused by rail accident. Moreover, the petitioner is languishing in judicial custody since 09.11.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madhepura P.S. Case No. 921/2022 of on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.71098 of 2023(3) dt.30-01-2024 3/3 satisfaction of learned Chief Judicial Magistrate, Madhepura. (Sunil Kumar Panwar, J) Shubham/- U T