Kapildeo Prasad @ Kapil Yadav @ Kapildeo Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11235 of 2018 Arising Out of PS.Case No. -50 Year- 2017 Thana -KADIRGANJ District- PATNA ====================================================== Kapildeo Prasad @ Kapil Yadav @ Kapildeo Prasad Yadav, son of late Jangi Yadav, resident of village-Milkipar, P.S.-Pali, District- Jehanabad .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramashish, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 08-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Kadirganj P.S. Case No.50 of 2017 instituted for the offence under Section(s) 304-B, 201/34 Indian Penal Code.

Counsel for the petitioner submits that marriage has taken place ten years back, which is mentioned in the written report itself. Therefore, Section 304-B Indian Penal Code will not apply in this case. He has further submitted that petitioner is father-in-law of the deceased. There is no specific overt act alleged against the petitioner.

In the written report, there is general and omnibus allegation against the petitioner.

In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.11235 of 2018 (2) dt.08-03-2018 2/2 the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Kadirganj P.S. Case No.50 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 the Judicial Magistrate, 1st class, Masaurhi, Patna, 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 his 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) JA/- U T