Mahesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73165 of 2023 Arising Out of PS. Case No.-153 Year-2022 Thana- JHAJHA District- Jamui ====================================================== Mahesh Yadav S/O Prabhu Yadav R/O Village- Bhikha, P.S- Jhajha, Distt.- Jamui.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sudish Kumar, Advocate For the Opposite Party :

Mr.Nityanand, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-11-2023 Heard leaned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence under Sections 364, 120(B), 34 of the Indian Penal Code and later on, Sections 302, 201 of the Indian Penal Code were added.

3. As per F.I.R., the informant alleged that she was called by the father-in-law of her son to take him away failing which he would be killed. Subsequently, dead-body of her son was found in the forest area. Accordingly, on the basis of the said threatening that was given by father-in-law and his family members, F.I.R. was lodged and all the in-laws members of deceased were implicated.

4. It is submitted on behalf of petitioner that informant is not eye-witness of the occurrence. Allegation is general and omnibus against this petitioner and only on suspicion, he has

Patna High Court CR. MISC. No.73165 of 2023(2) dt.09-11-2023 2/2 been made accused. There was no motive for this petitioner to indulge in the alleged occurrence. Co-accused, with similar allegation, has already been allowed pre-arrest bail by this Court vide order passed in Cr.Mis.No.21529/2023.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in connection with Jhajha P.S. Case No.153 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T