Baidya Nath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21864 of 2020 Arising Out of PS. Case No.-40 Year-2020 Thana- DAUDPUR District- Saran ====================================================== 1.

Baidya Nath Yadav, Son of Late Radhakishun Yadav, 2.

Surya Kanti Devi, Wife of Suresh Yadav, Both are resident of Village - Nasira, Dharari, P.S.- Daudpur, Distt.- Saran at Chapra.

... ... Petitioners

Versus

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

For the Petitioner :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 23-11-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State via video conferencing and perused the case diary.

2. The petitioners seek pre-arrest bail in connection with Daudpur P.S. Case No.40 of 2020 registered under Section 304B read with 34 of the Indian Penal Code.

3. Considering the gravity of the offence and the materials collected during investigation against petitioner no.1 Baidya Nath Yadav, who happens to be the father-in-law of the deceased, I am not inclined to grant him pre-arrest bail. His application for grant of pre-arrest bail is rejected.

4. So far as petitioner no.2, namely, Surya Kanti Devi

2/3 is concerned, since she also happens to be daughter-in-law of petitioner no.1 and her status is similar to that of the deceased, she is directed to be released on bail in the event of her arrest or surrender on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XIV, Saran at Chapra in connection with Daudpur P.S. Case No.40 of 2020 subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure.

5. Since the court proceedings are being conducted through virtual mode and normal court functioning has not been restored till date, it is considered appropriate to adopt the following procedure for communication of the present order:- (i) The order, which has been dictated during the course of proceeding of the virtual court, shall be communicated to me on my e-mail by the Sr.

Secretary.

(ii) The corrected copy of the order shall be transmitted by me from my e-mail id to the Sr. Secretary, which shall be treated to be an authentic copy of the order passed by this Court in the present proceeding. (iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.

(iv) Let steps be taken by the Sr. Secretary/registry for up-

3/3 loading of the present order without compromising with the norms of social distancing.

sanjeet/- (Ashwani Kumar Singh, J.) U T