Satya Narain Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29977 of 2015 Arising Out of PS.Case No. -36 Year- 2015 Thana -MANIHARI District- KATIHAR ======================================================
1. Satya Narain Yadav S/o Lae Aklu Das
2. Barun Kumar Yadav @ Barun Yadav,
3. Gajendra Kumar Yadav @ Jeetendra Kumar Yadav Both sons of Satya Narain Yadav,
4. Yogmaya Devi, W/o Satyanarain Yadav,
5. Rita Kumari @ Nutan Kumari,
6. Neelam Kumari, Both D/o Satya Narain Yadav, All R/o Village Bari Baghmara, P.S. - Manihari, District - Katihar. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar Sinha, Advocate For the Opposite Party/s : Mr. D.P.Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-10-2015 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Manihari P.S. Case No. 36 of 2015 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
Case diary in the present case was called for, which has since been received.
Learned counsel for the petitioners submits that there are two First Information Reports for the same occurrence; one by the sister of the deceased, followed by that of her brother. It is
Patna High Court Cr.Misc. No.29977 of 2015 (3) dt.08-10-2015 2/3 submitted that subsequently, the brother has resiled from his earlier statement and stated that the deceased died of burn injury, which occurred in course of cooking in the kitchen. However, learned counsel for the State submits that there is sufficient material in the case diary, including the statement of the husband that the petitioners and other family members brought the deceased to the hospital for treatment in burn condition but subsequently, she succumbed to injury.
Considering the aforementioned facts and circumstance of the case, I am not inclined to grant anticipatory bail to the petitioner nos. 1 to 3, namely, 1. Satya Narain Yadav, 2. Barun Kumar Yuadav and 3 Gajendra Kumar Yadav @ Jeetendra Kumar Yadav and accordingly their prayer of anticipatory bail stands rejected.
So far the petitioner nos. 4 to 6, namely, 1.Yogmaya Devi, 2. Rita Kumari @ Nutan Kumari and 3. Neelam Kumari, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 learned Chief Judicial Magistrate, Katihar in connection with Manihari P.S. Case No. 36
Patna High Court Cr.Misc. No.29977 of 2015 (3) dt.08-10-2015 3/3 of 2015 (G.R. No. 693 of 2015), subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Anjana Mishra, J) Vats/- U T