Arjun Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27067 of 2018 Arising Out of PS.Case No. -244 Year- 2017 Thana -TEKARI District- GAYA ======================================================

1. Arjun Yadav, S/o Shiva Yadav,

2. Vitto @ Bittu Kumar S/o Shiva Yadav,

3. Shiva Yadav S/o Late Nathun Yadav, All Residents of Vill.- Law, P.S.- Tekari, District- Gaya.

4. Vidyanand Yadav S/o Late Ravindra Yadav, R/o Vill.- Kaji Bigha, P.S.- Tekari, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Babu For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-06-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Tekari P.S.Case nO.244 of 2017 dated 9.6.2017 , registered for offences punishable under Sections 302, 201, 120B/34 of the Indian Penal Code.

Petitioner nos. 1 and 2 are brothers, petitioner no.3 is the father and petitioner no.4 is the brother in law (Bahnoi) of the deceased. The formant is the wife of the deceased. The allegation is that they have killed the deceased.

Submission of the learned counsel for the petitioners is that there is no eye witness of the occurrence and the materials collected during the course of the investigation discloses that the deceased had some altercation with his wife earlier to that and

Patna High Court Cr.Misc. No.27067 of 2018 (3) dt.29-06-2018 2/2 thereafter the deceased has committed suicide. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, surrender before the court below within a period of six weeks from the date of order and on surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Gaya in connection with Tekari P.S.Case no.244 of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T