Antu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80026 of 2019 Arising Out of PS. Case No.-232 Year-2019 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== ANTU YADAV, aged about 26 years (Male), Son of Late Hira Lal Yadav, Resident of Village- jagarnathpur, P.S.- K. Nagar, District- Purnea. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Dr. Bidhu Ranjan, Advocate.

For the Opposite Party :

Mr. N.N. Tiwari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 302, 363, 201 and 120(B) of the IPC. The prosecution story, in brief, is that one month before from the date of occurrence i.e., 25.06.2019, Babul Rajwar had given a threat to the informant that he loves with Priti Kumari daughter of the informant and will solemnize marriage, otherwise she would be lifted and on 13.06.2019, there was a Kirtan programme in the village, the informant and her daughter went to participate in the said Kirtan programme on 15.06.2019 where Babul Rajwar, Antu Yadav (petitioner), Neelam Devi and Dimple Yadav were also seen roaming there

Patna High Court CR. MISC. No.80026 of 2019(3) dt.16-03-2020 2/3 and when her daughter was coming back to her house, the aforesaid accused persons were following her and the informant suspected that they are also going to house and when her daughter could not reach to the house, then she started searching her and also she found the accused persons missing from their house. It is further alleged that on 25.06.2019 she found the dead body of her daughter in a field in mutilated condition where her mobile and the clothes were found and was identified. It is further alleged that all the four accused persons might have killed her daughter.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 17.10.2019. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has come in the present case merely on the basis of suspicion. Except for suspicion there is no circumstantial evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the

Patna High Court CR. MISC. No.80026 of 2019(3) dt.16-03-2020 3/3 petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 4th Additional Sessions Judge, Purnea in connection with Sessions Trial No. 304 of 2019, arising out of K. Nagar (Champanagar) P.S. Case No. 232 of 2019.

(Sudhir Singh, J) U.K./- U T