Hare Ram Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38302 of 2014 Arising Out of PS.Case No. -127 Year- 2013 Thana -VIJAYPUR District- GOPALGANJ ======================================================

1. Hare Ram Yadav S/o Late Laxmi Yadav

2. Shashi Yadav @ Shashi Kumar Yadav S/o Hare Ram Yadav

3. Lakshman Yadav @ Lattu Yadav S/o Ram Awadh Yadav Petitioner no. 1 and 2 are Resident of village- Samarpur, wheras petitioner no.-3 is resident of village- Bijaipur, and all are of P.S.- Bijaipur, District- Gopalganj .... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. N.K. Agrawal, Sr. Advocate. Mr. Dhananjaya Nath Tiwari For the Opposite Party : Mr. M. Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 16-07-2015 Heard both sides.

All the three petitioners herein cited as accused in Bijaipur P.S. case no. 127 of 2013 registered under section 302 of the IPC.

Prosecution case is that on 25.7.2013 the accused persons were ploughing the field which was forcibly objected by the mother of the informant who is 70 years old. Seeing the obstruction, she was assaulted by fist and slap. It is alleged that the following day the mother died.

Learned counsel for the petitioners submits that from bare perusal of the FIR, it would appear that the mother of

Patna High Court Cr.Misc. No.38302 of 2014 (5) dt.16-07-2015 2/3 the informant was only fisted when she offered obstruction in ploughing the field which belonged to the petitioners. There is material in the case diary that both the parties had thereafter approached the station house officer on the following day with their respective papers. The police on conclusion of investigation submitted final form and did not sent them up for trial as there was no material to support the prosecution case. Differing with the report the cognizance has been taken and hence the apprehension.

Learned APP for the State, on the other hand, states that the victim died of cardiac tamponade caused by rupture of ventricular aneurysm.

Taking into account the aforesaid facts, I am persuaded to privilege the petitioners with anticipatory bail. Let the petitioners, named above, in the event of their arrest/surrender before the learned Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Gopalganj in connection with Bijaipur P.S. case no. 127 of 2013, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with further following conditions:-

Patna High Court Cr.Misc. No.38302 of 2014 (5) dt.16-07-2015 3/3 (i) One of the bailors in each case shall be the own/close family member of the petitioners.

(ii) As soon as the charges are framed the petitioners shall appear in person before the trial court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioners and secure their arrest in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U T