Ramashankar Yadav @ Sadhu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3094 of 2018 Arising Out of PS.Case No. -212 Year- 2017 Thana -DIGHWARA District- SARAN ====================================================== Ramashankar Yadav @ Sadhu Rai, Son of Late Sabu Lal @ Sabu Lal Rai, resident of Village- Damodarpur, P.O.- Sonepur, P.S.- Sonepur, DistrictSaran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Jeetendra Narayan, Advocate. For the Opposite Party/s : Smt. Anita Kumari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Dighwara P.S. Case No. 212 of 2017 corresponding to G.R. No. 7879 of 2017 instituted for the offence under Sections 341, 323, 324, 504/34 of the Indian Penal Code. Subsequently, Section 302 of the Indian Penal Code was added.

In the written report it is alleged the petitioner along with co-accused Sampat Rai made demand of dues amount from the informant and started abusing for the same. It is also alleged that they assaulted the informant, his wife and daughter. The wife of the informant died after twenty days of the occurrence and, thereafter, Section 302 of the Indian Penal Code was added. The post mortem report has been enclosed as Annexure-2 wherein no external injury has been found on the person of the

Patna High Court Cr.Misc. No.3094 of 2018 (2) dt.23-01-2018 2/2 deceased. The Doctor has opined the cause of death due to shock as a result of Cardio respiratory failure by prolonged illness such as tuberculosis (Pulmonary).

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Dighwara P.S. Case No. 212 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sunil Kumar Singh, learned Judicial Magistrate, Saran at Chapra, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T