Sudhir Yadav And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39638 of 2017 Arising Out of PS.Case No. -230 Year- 2016 Thana -FATEHPUR District- GAYA ======================================================

1. Sudhir Yadav, Son of Sri Bachchu Prasad Yadav,

2. Rinku Devi W/o Sudhir Yadav, Both R/o Village- Bhorwra , P.S.- Fatehpur, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Manoj Prasad Yadav Son of Khublal Prasad Yadav, R/o VillageMahugaon, P.S.- Sitamarhi, District- Nawada. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend arrest in connection with Fatehpur P.S. Case No. 230 of 2016 registered under Sections 304(B), 328 and 201/34 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioners submits that petitioners, who happened to be brotherin-law and gotani of the deceased respectively, are living separately. On perusal of Annexure-2, it appears that the informant specifically stated on affidavit that he could not participate in the funeral ceremony of the deceased because he used to live outside of the village and, thereafter, he came to know from the villagers

Patna High Court Cr.Misc. No.39638 of 2017 (4) dt.21-11-2017 2/2 that her daughter died due to snake bite. Further submission is that other two co-accused persons have already been allowed bail by a Bench of this Court vide Cr. Misc. No. 11348 of 2017, as detailed in Annexue-3 to the bail application.

Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M.-X, Gaya in connection with Fatehpur P.S. Case No. 230 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shailendra/- U T