Harihar Yadav vs. The State Of Bihar
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Mr. Justice Hemant Kumar Srivastava
Listed On:
3 Dec 2012
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Order Text
| IN THE HIGH COURT OF JUDICATURE AT PATNA<br>Criminal Miscellaneous No.31524 of 2012 | |||||
|---|---|---|---|---|---|
| Harihar Yadav | ====================================================== | Versus | <br>Petitioner/s | ||
| The State Of Bihar | Opposite Party/s | ||||
| ======================================================<br>Criminal Miscellaneous No.32445 of 2012 | with | ||||
| Indal Yadav | ====================================================== | Versus | <br>Petitioner/s | ||
| The State Of Bihar | Opposite Party/s | ||||
| SRIVASTAVA<br>ORAL ORDER | CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR | ||||
| 03/ | 03.12.2012 | Both the above stated petitions arise out of Bhagwanpur |
P.S. Case no. 09/2012 registered under section 364 of the IPC and, accordingly, both the above stated petitions are being disposed off by this common order.
Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.
Petitioners are not named in the first information report and it appears that for the first time, names of these petitioners came in confessional statement of co–accused Rajendra Singh @ Batashi Singh and after that victim returned to his home safely and in course of investigation, allegedly, he gave a written report to the Investigating officer disclosing the names of these petitioners and others including the above stated Rajendra Singh @ Batashi Singh about their involvement in the present crime.
Learned counsel for the petitioners submits that statement
of the victim has neither been recorded under section 164 of the Cr.P.C nor under section 161 of the Cr.P.C and moreover, co–accused Rajendra Singh @ Batashi Singh has already been granted privilege of bail by another bench of this court.
Considering the aforesaid submissions as well as materials available on the case diary, let the petitioners, Harihar Yadav and Indal Yadav, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua in Bhagwanpur P.S. Case no. 09/2012.
Shahid (Hemant Kumar Srivastava,J)