Mantu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73600 of 2019 Arising Out of PS. Case No.-128 Year-2019 Thana- PARBATTA District- Khagaria ====================================================== Mantu Yadav, Son of Bhawir Yadav @ Vibhishan Yadav, Resident of Village - Lagar, P.S.- Parbatta, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Jha, Advocate.
For the Opposite Party/s :
Mr.Ahmad Ali, APP For the Informant Mr. Raja Surendra Mohan, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner is accused in connection with Parbatta P.S. Case No. 128 of 2019, registered under Sections 147, 148, 149, 323, 386, 387, 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
The accusation is that in the evening of 25.04.2019, Subodh Yadav, husband of the informant, Punam Devi, was present at his door. At that time, 12 persons named in the FIR including the petitioner reached there variously armed with weapons. In the meantime, Bahadur Yadav and Masudan Yadav caught hold her husband and thereafter, Masudan and Rajesh Yadav caught hold the legs of her husband and Sintu Yadav and
Patna High Court CR. MISC. No.73600 of 2019(3) dt.06-03-2020 2/3 Ranvir Yadav caught hold the hands of her husband. At that time, Mantu Yadav (petitioner) shot fire through rifle at the forehead of her husband, Subodh Yadav, who died at the spot. The cause of occurrence is to refuse to pay the ransom amount as demanded by the accused persons.
Learned counsel for the petitioner submits that it would appear from the case diary that the inquest report of the dead body of the deceased, Subodh Yadav, was prepared in the night of 25.04.2019 at 9 P.M. and the postmortem was also held over the dead body of the husband of the informant in the next morning on 26.04.2019 at 6.30 A.M. and thereafter, after funeral, the present case has been lodged and the said facts clearly indicates that the husband of the informant was killed in other manner but with ulterior motive, after disposal of the dead body, the present case has been lodged with false allegation. It is further submitted that petitioner has no criminal antecedent and is in custody since 25.09.2019.
Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Fast Track Court No.-II, Khagaria, in
Patna High Court CR. MISC. No.73600 of 2019(3) dt.06-03-2020 3/3 connection with S.T. No. 235 of 2019 arising out of Parbatta P.S. Case No. 128 of 2019. Out of two sureties, one surety must be the close relative of the petitioner.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T