Krishana Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25063 of 2018 Arising Out of PS.Case No. -24 Year- 2017 Thana -PALI District- JEHANABAD =====================================

1. Krishana Yadav, S/o Late Lala Singh @ Late Lala Yadav,

2. Suchit Yadav S/o Krishana Yadav, Both R/o Vill.- Chanaura, P.S.- Kingar, District- Arwal.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Sri Rajkishore Singh ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-05-2018 The petitioners seek bail in connection with Pali P.S. Case No. 24 of 2017 dated 29.05.2017 instituted for the offences under Sections 307, 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.

The wife of the informant was killed by his brother/Binesh Yadav. It has been alleged that while the informant was on his roof-top, his own brother/Binesh Yadav fired at him but he narrowly escaped from being hurt. When he came out of his house, his wife also came out of the house for his rescue. No sooner had the informant and his wife reached near the house of one Ramawatar Thakur, the petitioners, who are the father-in-law and brother-in-law of aforesaid Binesh Yadav, caught hold of the wife of the

Patna High Court Cr.Misc. No.25063 of 2018 (3) dt.17-05-2018 2/2 informant and co-accused Binesh Yadav is said to have fired from his weapon, leading to her death.

The learned counsel for the petitioners has submitted that there is a land dispute between the informant and his brother/Binesh Yadav and only because the petitioners happen to be related to the aforesaid Binesh Yadav being his father-in-law and brother-in-law respectively, they too have been made accused in this case. The petitioners have got no concern with respect to the dispute with the informant and his brother/Binesh Yadav. Even the wife of Binesh Yadav has unnecessarily been dragged in the present case. The petitioners are in custody since 01.02.2018 and do not have any criminal antecedent.

Regard being had to the fact that petitioners are not the assailants of the deceased, the petitioners, above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jehanabad in connection with Pali P.S. Case No. 24 of 2017.

(Ashutosh Kumar, J) Shageer/- U T