Chhotan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14852 of 2019 Arising Out of PS. Case No.-41 Year-2016 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.

Chhotan Kumar, aged about 21 years, Male, Son of Awadhesh Yadav, Resident of Village- Chhariyari, P.S.- Makhdumpur, District-Jehanabad. 2.

Awadhesh Yadav, aged about 70 years, Male, Son of Late Saudagar Yadav, Reident of Village- Chhariyari, P.S.- Makhdumpur, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Advocate For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-06-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in connection with Makhdumpur P.S. Case No. 41 of 2016 registered under Sections 302/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that there is general and omnibus allegation against the petitioners and other accused persons that they have assaulted the deceased

Patna High Court CR. MISC. No.14852 of 2019(3) dt.25-06-2019 2/3 by Lorha and stone, due to which she died but in several paragraphs of the case diary, it is stated that husband of the deceased had killed his wife and petitioners are in custody since 04.07.2018. The co-accused has been granted bail by a Coordinate Bench of this Court. Heard learned A.P.P. also.

Having heard both sides and considering the fact that there is general and omnibus allegation against all the accused persons of assault and petitioners have remained in custody since 04.07.2018 , let the petitioners above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Jehanabad in connection with Makhdumpur P.S. Case No. 41 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any wit ness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make himself available as and when required by the

Patna High Court CR. MISC. No.14852 of 2019(3) dt.25-06-2019 3/3 court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, the prosection is free to move the cancellation of their bail.

(Anjani Kumar Sharan, J) Nasimul/- U T