Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12647 of 2012 ====================================================== Nagendra Yadav, son of Bindeswar Yadav, resident of village-Chandan Patti, P.S.-Gamharia, District-Madhepura. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 27-03-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner apprehends his arrest in connection with a case instituted for the offence punishable under [STATUTE] . The petitioner is one of the six named accused. The offence relates to murder of petitioner’s mother. It is submitted that the mother of the petitioner died a natural death in the night of 20.6.2009. Upon fardbeyan of the petitioner, Gamhariya P.S. U.D. Case No. 1 of 2009 dated 21.6.2009 was registered. The dead body of the victim was sent for post-mortem examination in course of inquiry in the U.D. Case. No internal or external injury was found on the dead body of the deceased, who was aged about 75 years. Subsequently, on 4.11.2009, on the statement of one Amlesh Kumar, a substantial police case regarding an occurrence which took place on 20.6.2009 was registered under [STATUTE] in which suspicion has been raised against father of the petitioner Patna High Court Cr.Misc. No.12647 of 2012 (2) dt.27-03-2012 2 / 3 2 and other family members to have killed the deceased in conspiracy to each other. The motive alleged is that the father of the petitioner had developed illicit relationship with his elder daughter-in-law Rambha Devi who was a widow. Learned counsel for the petitioner submits that had there been any truth in the allegation, the petitioner being son of Bindeshwar Yadav would not have helped him in commission of murder. That apart, initially also the information with respect to the death was made by the petitioner and in the post-mortem examination, nothing unusual was found. The present F.I.R. is nothing but an abuse of the process of law. Be that as it may, considering the facts and circumstances of the case, let the petitioner, namely Nagendra Yadav in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Gamhariya P.S. Case No. 98 of 2009 subject to the condition as laid down under Section 438(2) Cr. P.C. as also on the following conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he will take prior Patna High Court Cr.Misc. No.12647 of 2012 (2) dt.27-03-2012 3 / 3 3 permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this Court. Sanjeet/- (Ashwani Kumar Singh, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.