Mithun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64518 of 2019 Arising Out of PS. Case No.-126 Year-2019 Thana- RAJAON District- Banka ====================================================== 1.

Mithun Yadav Son of Sri Girdhari Yadav Resident of Village - Barouni, P.S.- Rajoun, Distt.- Banka.

2.

Siya Nand Yadav Son of Sri Parmandand Yadav Resident of Village - Barouni, P.S.- Rajoun, Distt.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Rajoun P.S. Case No. 126 of 2019, registered under Sections 302, 201 and 120(B)/34 of the Indian Penal Code.

The accusation is that Sindhu Kumari, daughter of the informant, Manju Devi, used to visit at the house of Sanjay Das, as she had friendship with the wife of Sanjay Das. Both petitioners also used to visit at the house of Sanjay Das and had talking term with Sindhu Kumari. On 22.03.2019, Sindhu Kumari, daughter of the informant, left the house without giving information. In course of search, the dead body of her daugher was found in the field of Santosh Kumar. The informant raised suspicion against the

Patna High Court CR. MISC. No.64518 of 2019(2) dt.05-11-2019 2/2 petitioners and Sanjay Das having hand in the murder of her daughter, Sindhu Kumari.

Learned counsel for the petitioners submits that it would appear from the F.I.R. that neither informant nor anyone had seen the daughter of the informant with petitioners but mere on suspicion, due to visiting term of petitioners at the house of Sanjay Das, both petitioners have falsely been implicated in the present case. Further submission is that it would appear from the order dated 09.09.2019, whereby the prayer of pre-arrest bail of the petitioners was refused on the ground that the name of the petitioners have surfaced mere on suspicion as detailed in the supervision note in paragraph 42. Further submission is that petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Banka, in connection with Rajoun P.S. Case No. 126 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.