Babloo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47300 of 2014 Arising Out of PS.Case No. -124 Year- 2013 Thana -SABOUR District- BHAGALPUR ====================================================== Babloo Yadav Son of Kartik Yadav Resident of Village - Ghiya Salper, P.S.- Goradih, District - Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 23-04-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in connection with Sabour (Goradih) P.S. Case No. 124 of 2013 dated 22.05.2013 instituted under Sections 304B/201/120B of the Indian Penal Code.

Learned counsel for the petitioner submits that he is the brother of the husband of the deceased and the death was natural and in fact the informant who is the uncle of the deceased had participated in the funeral and after four days has lodged the F.I.R. Learned counsel submits that there is only general and omnibus allegation of torture and demand of dowry. Learned counsel submits that similarly situated co-accused i.e., wife of the petitioner, his father and mother have been granted anticipatory bail by a co-ordinate

Patna High Court Cr.Misc. No.47300 of 2014 (2) dt.23-04-2015 2/3 Bench of this Court on 24.04.2014 in Cr. Misc. No. 11889 of 2014. It is further submitted that the petitioner has no criminal antecedent and that the deceased was living separately with her husband.

Learned A.P.P.

opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the court below within four weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Chief Judicial Magistrate, Bhagalpur in Sabour (Goradih) P.S. Case No. 124 of 2013, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 as also subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

Patna High Court Cr.Misc. No.47300 of 2014 (2) dt.23-04-2015 3/3 well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. (Ahsanuddin Amanullah, J.) P. Kumar U T