Masudan Yadav @ Madhusudan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26367 of 2021 In CRIMINAL MISCELLANEOUS No.14696 of 2015 Arising Out of PS. Case No.-210 Year-2014 Thana- COMPLAINT CASE District- Jamui ====================================================== 1.
Masudan Yadav @ Madhusudan Yadav Son of Late Mangan Yadav Resident ofVillage- Sohjana, P.S.- Jhajha, District- Jamui. 2.
Krishna Yadav @ Krishnadeo Yadav Son of Masudan Yadav Resident of Vilalge- Sohjana, P.S.- Jhajha, District- Jamui. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Rekha Devi Wife of Late Yogendra Prasad Yadav, Daughter of Prasadi Yadav Resident of Village- Sohjana, P.O. Sohjana, P.S.- Jhajha, DistrictJamui. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar Sinha, Advocate For the Opposite Party No. 2 :
Mr. Pramod Kumar, Advocate For the State :
Ms. Indu Kumari Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-07-2026 Heard the parties.
2. This is an application for modification of the order dated 10.04.2015 passed in Cr. Misc. No. 14696 of 2015 by this Court whereby the petitioners were granted anticipatory bail in connection with Complaint Case No. 210C of 2014, subject to certain conditions.
3. The petitioners have prayed for modification of one of the conditions imposed while granting anticipatory bail.
4. Having considered the submissions advanced and for the reasons stated in the modification petition, the
Patna High Court CR. MISC. No.26367 of 2021(6) dt.23-07-2026 2/2 application is allowed.
5. Accordingly, the following condition contained in the order dated 10.04.2015 passed in Cr. Misc. No. 14696 of 2015 is hereby recalled, in view of the law laid down by the Hon'ble Supreme Court that such a condition cannot be imposed while granting bail:
"The bail bonds of the petitioners shall be accepted on filing of separate affidavit that they will allow the complainant to enjoy her share of propertyin the in-laws house. The said affidavits will be transferred to the concerned Police Station by the learned court below. And if the petitioners will make any violation of the undertaking given before this Court, the learned court below will be at liberty to cancel the bail bonds of the petitioners."
6. Consequently, all subsequent orders passed by the learned court below pursuant to the aforesaid condition are hereby quashed and set aside. In particular, the order dated 08.10.2021 passed by the learned A.C.J.M.-IV, Jamui, in connection with Complaint Case No. 2010C of 2014, is also set aside.
7. The modification application stands allowed accordingly.
(Sandeep Kumar, J) tusharika/- U T