Mohan Yadav @ Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82652 of 2025 Arising Out of PS. Case No.-110 Year-2025 Thana- PRATAPGANJ District- Supaul ====================================================== 1.

Mohan Yadav @ Mohan Kumar Son of Kashi Prasad Yadav Resident of Village- Sreepur, Ward No. 11, P.S.- Pratapganj, District- Supaul 2.

Shrijana Devi @ Shrijana Kumari @ Shreejana Devi @ Shirjana Kumari Yadav Wife of Mohan Yadav @ Mohan Kumar Resident of Village- Sreepur, Ward No. 11, P.S.- Pratapganj, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-12-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 103(1), 61(2), 3(5) of the Bharatiya Nyaya Sanhita.

3. As per prosecution case, informant alleged that on 05.06.2025 at about 11 PM, all the F.I.R. named accused persons, including these petitioners assaulted his daughter and after strangulating her, hanged the dead body to make it look like suicide. On 6.6.2025 when informant received information about the aforesaid incident, he reached at the place of occurrence where these petitioners along with police were

Patna High Court CR. MISC. No.82652 of 2025(2) dt.10-12-2025 2/3 already present. Informant further alleges that son-in-law of the informant was also killed by the accused persons, calling it a road accident, on 31.10.2023.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. From bare perusal of the F.I.R., it is apparent that informant is not an eye witness of the occurrence and petitioners have been made accused in this case only on suspicion. Petitioner no. 1 is brother-in-law (Devar) and petitioner no. 2 is Gotni of the deceased. Allegation against these petitioners is general and omnibus. Petitioners are separate in mess and property and have got no concern with the deceased. As a matter of fact deceased committed suicide. In post-mortem report doctor has found deep ligature mark on upper part of neck except left side on upper neck and opined the cause of death as cardio-respiratory failure due to asphyxia caused by hanging. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation and other facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event

Patna High Court CR. MISC. No.82652 of 2025(2) dt.10-12-2025 3/3 of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Birpur, Supaul in connection with Pratapganj P. S. Case No. 110 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Navya/- U T