Viju Yadav @ Vijay Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27981 of 2018 Arising Out of PS. Case No.-156 Year-2017 Thana- RAJGIR District- Nalanda ======================================================

1. Viju Yadav alias Vijay Yadav, S/o-Late Sarju Yadav.

2. Charitar Yadav, Son of Sajo Yadav.

Both Residents of Village- Puranbigha, P.S.-Rajgir, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Dhananjay Kumar For the Opposite Party/s :

Sri Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 09-05-2018 Heard Sri Dhananjay Kumar, learned counsel for the petitioners and Sri Murlidhar, learned Additional Public Prosecutor.

Two petitioners, apprehending their arrest in connection with Rajgir P.S. Case No. 156 of 2017, registered for the offence under Sections 302/ 201/ 34 of the Indian Penal Code, 1860, have prayed for grant of bail in the event of their arrest or surrender.

Learned counsel for the petitioners by way of referring to the F.I.R. submits that F.I.R. is in two parts. First part deals with the in law members of the deceased against whom there was accusation that they killed the daughter of informant and second part deals with co-villagers against whom

Patna High Court Cr.Misc. No.27981 of 2018(2) dt.09-05-2018 2/2 there was accusation that they participated in cremation of the dead body. Meaning thereby, that against villagers there is no accusation that they were involved in murder of daughter of informant . However , considering the fact that F.I.R. has been lodged under Sections 302/ 201/ 34 of the Indian Penal Code, 1860 and, of -course, there is no accusation against petitioners regarding their involvement in the murder of daughter of informant , in the event of their arrest or surrender within a period of six weeks from today, let both petitioners namely Viju Yadav alias Vijay Yadav and Charitar Yadav be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -IV, Nalanda at Bihar Sharif / concerned court in connection with Rajgir P.S. Case No. 156 of 2017 subject to the conditions as contemplated under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J) praful/- U T