Ganesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37206 of 2017 Arising Out of PS.Case No. -23 Year- 2017 Thana -KAJRAULICHAK District- BHAGALPUR ======================================================

1. Ganesh Yadav, S/o Antu Yadav @ Anandi Yadav, Resident of VillageGaurachaki, P.S.- Kajraili, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Informant : Mrs. Geeta Kumari Jha For the Opposite Party/s : Mr. Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2017 Heard the parties.

The petitioner is apprehending arrest in connection with Kajraili P.S. Case No.23 of 2017, registered for offences punishable under Sections 147, 148, 323, 341, 325, 307 and 302 of the Indian Penal Code.

Allegation against the petitioner and other accused persons is of assault to the informant and others. Submission of the learned counsel for the petitioner is that there is no specific allegation of assault against the petitioner and he is aged about 80 years.

Heard learned A.P.P. and the leaner counsel for the informant. They have opposed the prayer for bail stating that this case relates to the honour killing and the petitioner and other accused persons have participated in the occurrence and the girl is still traceless.

Patna High Court Cr.Misc. No.37206 of 2017 (2) dt.19-08-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, no doubt the case is serious in nature.

Considering the fact that the petitioner is aged about 80 years, as such let the petitioner surrender before the court below within a period of four weeks and only on surrender, he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. XIV, Bhagalpur, in connection with Kajraili P.S. Case No.23 of 2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T