Upendra Yadav And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.26655 of 2017 (3) dt.24-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26655 of 2017 Arising Out of PS.Case No. -47 Year- 2016 Thana -LAXMIPUR District- JAMUI ======================================================
1. Upendra Yadav Son of Ganauri Yadav, resident of Village- Rajala, P.S.- Jhajha, District- Jamui.
2. Dokal Yadav @ Dhokal Yadav Son of Saryug Yadav, resident of Village- Dighara, P.S.- Jhajha, District- Jamui. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Prasad For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-07-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Laxmipur (Gidhaur) P.S. Case No. 47 of 2016 instituted for the offence under Sections-302, 201/34 of the Indian Penal Code.
It is alleged in the written report that on account of land dispute, an altercation took place between the husband (since deceased) and the father-in-law of the informant and on account of that, the father-in-law of the informant with other accused persons caught hold the husband (since deceased) of the informant and all of them, after tying hands and legs of the deceased, hanged him as a result of which, he died.
From the written report itself, it appears that there is land dispute between the husband and father-in-law of the informant. These
Patna High Court Cr.Misc. No.26655 of 2017 (3) dt.24-07-2017 petitioners are said to be brothers-in-law of the deceased. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Laxmipur (Gidhaur) P.S. Case No. 47 of 2016 to the satisfaction of Sri Amrendra Kumar, learned Judicial Magistrate-Ist Class, Jamui subject to condition as laid down u/S 438(2) of the Cr.P.C.
with further conditions (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioners tamper 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 petitioners.
(Sanjay Priya, J) A.K.V./- U T