Ram Lochan Yadav @ Lochan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76840 of 2023 Arising Out of PS. Case No.-125 Year-2016 Thana- PHULPARAS District- Madhubani ====================================================== Ram Lochan Yadav @ Lochan Yadav Son of Late Jaleshwar Yadav Resident Of Village- And Ps- Phulparas, Distt- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gangandeo Yadav, Advocate Mr. Ravi Prakash, Advocate Mr. Udeshya Kr. Yadav, Advocate For the Opposite Party/s :
Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Phulparas P.S. case No. 125 of 2016 instituted for the offences under Sections 302, 201/34, 12(B) of the Indian Penal Code.
3. Prosecution allegation, in short, is that the daughter (deceased) of the informant was married with Vijay Yadav who used to assault and threaten her. It is further alleged that the
Patna High Court CR. MISC. No.76840 of 2023(2) dt.04-12-2023 2/3 petitioner along with other co-accused persons including her husband has murdered the deceased when she was going for the treatment of toothache.
4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.11.2022 and stated that the date of custody has wrongly been mentioned in the impugned order as 25.01.2022. He further submitted that the petitioner has 8 criminal antecedents but he is on bail in all the cases. The petitioner has falsely been implicated in the present case. He further submitted that from perusal of the confessional statement of co-accused Ranjay Yadav, it appears that the only allegation against this petitioner is that he came with Bolero along with Sanjay Yadav and took the deceased for her treatment. He further submitted that co-accused person has already been granted bail by the co-ordinate Bench of this Court vide order dated 21.12.2016 passed in Cr. Misc. No. 49132 of 2016.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
Patna High Court CR. MISC. No.76840 of 2023(2) dt.04-12-2023 3/3 bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Phulparas P.S. case No. 125 of 2016.
(Rudra Prakash Mishra, J) Alok Verma/- U T