Krishna Yadav And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35989 of 2014 Arising Out of PS.Case No. -166 Year- 2013 Thana -DHANAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Krishna Yadav S/o Chandrika Yadav

2. Harish Yadav S/o Lachhan @ Lakshan Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Milind Kumar Mishra, Advocate For the Opposite Party/s : Mr. Atul Chandraapp(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-05-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 304/34 of the Indian Penal Code.

It is alleged that the petitioners suggested for operation of wife of the informant and, thereafter, petitioners and one Dr. Rabindra Kumar operated the wife of the informant, who died on 09.10.2013.

It is submitted by learned counsel for the petitioners that in the subsequent statement the informant has specifically alleged that the operation was actually done by Dr. Rabindra Kumar, who has been granted anticipatory bail vide Criminal Miscellaneous No.18051 of 2014 by a co-ordinate bench of this

Patna High Court Cr.Misc. No.35989 of 2014 (3) dt.01-05-2015 2/2 court. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, Bagaha, West Champaran in connection with Dhanaha P.S. Case No.166 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bonds of the petitioners will be accepted on filing of the affidavit by the petitioners before the learned court below to the effect that they will regularly co-operate in the investigation. Non-cooperation in the investigation by the petitioners will give liberty to the learned court below to cancel the bail bonds of the petitioners.

(Dinesh Kumar Singh, J) Ashwini/- U T