Chandeshwar Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55866 of 2018 ======================================================

1. Chandeshwar Yadav, S/o Late Ramdhani Yadav,

2. Mulkha Devi @ Mulukha Devi W/o Chandeshwar Yadav, All R/o Vill.- Machhiarapar, P.S.- Shakurabad, District- Jehanabad. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Santosh Kumar Sinha-2, Advocate. For the Opposite Party : Mr. Shantanu Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 342, 302 and 201/34 of the IPC.

The allegation against these petitioners is of killing the deceased with connivance of other named co-accused persons. The informant's daughter Sunita Devi was married 15 years ago with Krishna Yadav having three children but on 26.12.2017 his maternal grand-son rang him about killing of his mother. When informant went there he only saw co-accused Tuntun Sharma in whose land these petitioners cultivated. The said co-accused forcibly locked him in a room and in the next morning same room

Patna High Court Cr.Misc. No.55866 of 2018 (2) dt.18-09-2018 2/3 was opened and his maternal grand-son told him about killing of his mother by all the named accused persons by strangulation and they fled with the dead body.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The alleged occurrence has taken place after 15 years of marriage. The petitioners are father-in-law and mother-in-law of the deceased. They are separate in mess and property from the husband of the deceased. The husband of the deceased is in custody. General and omnibus allegation has been made against the petitioners. No specific allegation has been alleged against the petitioners.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Judge-1,

Patna High Court Cr.Misc. No.55866 of 2018 (2) dt.18-09-2018 3/3 Jehanabad, in connection with Shakurabad P.S. Case No. 147 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T