IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15799 of 2011 Gaya Prasad Yadav @ Gaya Yadav Versus The State Of Bihar ---------- 03/ 17.08.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 4.9.2010 in a case registered under section 302/34 of the IPC. Petitioner is named in the first information report and as per prosecution case when the informant reached near the place of the occurrence, he found his son in injured condition whereas petitioner was found standing there having brick in his hand and apart from this, other accused persons were standing having different weapons in their hands. Furthermore, informant states that when his son got consciousness, he disclosed this fact that he was mercilessly beaten by the petitioner and his associates. In course of investigation, it came to light that deceased had love affair with one Married lady, namely, Munni Devi, who happens to be niece of the petitioner and on the alleged date of the occurrence, when deceased had gone to meet the aforesaid Munni Devi, he was caught by the petitioner and other villagers and subsequently, he was beaten by the petitioner and other villagers. Learned counsel for the petitioner submits that, as a matter of fact, deceased was beaten by the villagers as a result of which he died then and there. He produced photo stat copy of the post mortem report which reveals that deceased sustained several injuries on his person. Taking into consideration the aforesaid facts and 2 circumstances as well as detention of the petitioner in jail custody, let the petitioner, Gaya Prasad Yadav @ Gaya Yadav, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Guraru P.S. Case no. 56/2009. shahid (Hemant Kumar Srivastava,J)