Mahendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64924 of 2018 Arising Out of PS. Case No.-63 Year-2018 Thana- KALUAHI District- Madhubani ====================================================== Mahendra Yadav, Son of Mangal Yadav, Resident of Villge- Bharatpatti, P.S.- Kaluahi, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ratanakar Jha For the Opposite Party/s :

Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 302, 201/34 of the Indian Penal Code. The prosecution case, in short, is that the informant married his daughter with Mintu Yadav 10-12 years before and she was blessed with four children. On 13.04.2018 the informant got information that his daughter died in matrimonial house and her dead body was cremated by the accused persons including the petitioner to destroy the evidecne of murder. The informant enquired from Mintu Yadav, he said that she died due to illness. When the informant inquired from villagers, the informant got information that accused persons including the

Patna High Court Cr.Misc. No.64924 of 2018(2) dt.01-11-2018 2/3 petitioner murdered his daughter and cremated her dead body. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The alleged occurrence is said to have taken place after 12 years of marriage. The petitioner is said to be the father-in-law of the deceased. He is separate in mess and property from the husband of the deceased. He has got no concern with the alleged occurrence. There is no eye witness to the said occurrence. Merely on the basis of suspicion the petitioner has been made accused.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Madhubani in connection with Kaluahi P.S. case No.63 of 2018 corresponding to C.R.I. case No.692 of 2018, subject to the

Patna High Court Cr.Misc. No.64924 of 2018(2) dt.01-11-2018 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T