Binay Yadav @ Vinay Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48671 of 2017 Arising Out of PS.Case No. -32 Year- 2017 Thana -BELAGANJ District- GAYA ======================================================
1. Binay Yadav @ Vinay Kumar,
2. Munita Kumari @ Munita Devi, Both Son and Daughter of Sokhindar Yadav.
3. Lalti Devi, Wife of Sokhindar Yadav.
All are R/o Village- Kurisarai, P.S.- Belaganj, District- Gaya. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Paras Nath, Adv. For the Opposite Party/s : Mr. Kanhaiya Kishore, APP ======================================================
CORAM:
HONOURABLE MR.
JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-11-2017 Heard the parties.
This application, for grant of anticipatory bail, arises out of Belaganj P.S. Case No. 32 of 2017, disclosing offences under Section 304(B) read with Section 34 of the Indian Penal Code.
Petitioner No. 1 is the brother of the husband of the deceased, whereas, petitioner No. 2 is his sister. Petitioner No. 3 is the mother-in-law of the deceased. Learned counsel for the petitioners has
Patna High Court Cr.Misc. No.48671 of 2017 (2) dt.10-11-2017 2/3 submitted that though there is allegation of demand of a motorcycle, there is no allegation that such demand was made by these petitioners. It has further been submitted that the husband of the deceased is in custody and the father-in-law of the deceased has been allowed regular bail by this Court vide an order, dated 09.08.2017, passed in Cr. Misc. No. 35885 of 2017. It has also been submitted that if the petitioners are allowed to be released on bail, they shall not flee from the course of investigation or trial and shall present themselves before the police or the Court, as and when required.
Considering the submission, as above, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIth, Gaya, in connection with Belaganj P.S. Case No. 32 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required
Patna High Court Cr.Misc. No.48671 of 2017 (2) dt.10-11-2017 3/3 and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Praveen-II/- U T