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Patna High CourtCR. MISC./45489/2017bail granted

Laxman Yadav v. State Of Bihar And ANR

2017-09-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45489 of 2017 Arising Out of PS. Case No.-346 Year-2016 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Laxman Yadav son of late Bhola Yadav, resident of village Khairwan, P.S. Bela, District Sitamarhi ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Ram Chandra Yadav son of late Laldhari Yadav, R/o village Dimahi, P.S. Bela, Dist. Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the State :

Mr. SHYAM KUMAR SINGH, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 364/34of the Indian Penal Code. Allegation against the accused persons including the petitioner is that they took the son of the complainant to Delhi for working in embroidery factory but after lapse of 21⁄2 months the son of the complainant was killed after administering poison to him.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The

Patna High Court Cr.Misc. No.45489 of 2017(2) dt.22-09-2017 2/2 police had submitted a final form in the case, which was accepted by the court. Thereafter on the basis of protest-cumcomplaint, the court has taken cognizance. There is no other substantive evidence to suggest the implication of the petitioner. On behalf of the State, it is submitted that the petitioner is named in the protest-cum-complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Sadar, Sitamarhi in connection with C1-346 of 2016 (Trial No.2595 of 2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T