Rajkishor @ Rajkishor Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9235 of 2022 Arising Out of PS. Case No.-385 Year-2021 Thana- BARHARIA District- Siwan ====================================================== 1.

Rajkishor @ Rajkishor Yadav Son Of Late Surajdeo Yadav Resident Of Village- Sahbachak, Police Station- Barharia, District- Siwan 2.

Savitri Devi Wife Of Ramchandra Yadav Resident Of Village- Sahbachak, Police Station- Barharia, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-09-2022 Heard learned counsel for the petitioners and learned APP for the State and perused the case diary. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 447, 504, 323, 325, 307 and 302/34 of the Indian Penal Code. It is a case of assault upon the informant's mother, due to which she succumbed to the injury.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that specific allegation of assault upon the mother of the informant is against co-accused Ram Chandra Yadav and Awadhesh Yadav and not against these petitioners.

Patna High Court CR. MISC. No.9235 of 2022(3) dt.06-09-2022 2/2 There is general and omnibus allegation against the petitioners. He further submits that the postmortem report shows that cause of death was cardio respiratory failure vide para-126 of the case diary. He further submits that the independent witnesses vide paras-81 and 82 of the case diary, they stated that the deceased was suffering heart disease due to which she died. Petitioners have clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-III, Siwan in connection with Barharia P.S. Case No. 385 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T