Raj Ballam Yadav @ Raj Ballam Jadav @ Rajbalam Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.35042 of 2017 (4) dt.07-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35042 of 2017 Arising Out of PS.Case No. -94 Year- 2017 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Raj Ballam Yadav @ Raj Ballam Jadav @ Rajbalam Yadav S/o Laldhari Yadav r/o village Yamuna Pur, P.S. Noor Sarai, District Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Harsh Singh, Advocate For the Opposite Party/s : Mr. Sri Binod Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-11-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Noorsarai Police Station Case No. 94 of 2017 corresponding to G.R. No. 1619 of 2017 disclosing offences under Sections 304(B), 201/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the deceased died due to diarrhoea while she was taken to hospital by her husband and her in-laws for treatment. This fact has also been supported by the sister of the deceased, which is evident from paragraph-15 of the case diary. Moreover, the informant after institution of F.I.R.

Patna High Court Cr.Misc. No.35042 of 2017 (4) dt.07-11-2017 has filed a petition before the court below disclosing the fact that the petitioner is innocent and has not committed any offence. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Biharsharif, Nalanda, in connection with Noorsarai Police Station Case No. 94 of 2017/ G.R. No. 1619 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T