Bijay Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.74780 of 2018 Arising Out of PS. Case No.-20 Year-2018 Thana- BANDHUWA KURAWA District- Banka ======================================================
1. Bijay Yadav, son of Late Chuna Yadav.
2. Reena Devi, wife of Bijay Yadav.
3. Sonu Mahto @ Sona Mahto, son of Late Mahavir Mahto, All are resident of Bhaluabadar, P.S. Bandhuwa Kurawa, District- Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar Pandey For the Opposite Party/s :
Mr.Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-12-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are seeking anticipatory bail in connection with Bandhua Kurawa P.S. Case No. 20/2018 registered under Sections 302/34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioner no. 1 namely Bijay Yadav has been arrested therefore the application with regard to petitioner no. 1 has become infructuous.
Accordingly, this application is dismissed as withdrawn only with regard to petitioner no. 1 namely, Bijay Yadav.
Learned counsel for the petitioners submits that the
Patna High Court Cr.Misc. No.74780 of 2018(2) dt.20-12-2018 2/3 husband has already been granted regular bail in Cr. Misc. No. 56173/2018 vide order dated 05.11.2018. So far as petitioner nos. 2 & 3 namely, Reena Devi and Sonu Mahto @ Sona Mahto respectively are concerned, they are Gotni and co-villagers respectively of the deceased.
It is submitted that both the petitioners are separate in mess and business. F.I.R. would reveal that there had been some bad relationship between the wife and the husband which allegedly led to the present occurrence. There is nothing to connect these petitioners with the offence alleged. In the given facts and circumstances of the case, in the event of their arrest/surrender before the court below within a period of four weeks, let the above-named petitioners namely Reena Devi and Sonu Mahto @ Sona Mahto be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Banka, in connection with Bandhua Kurawa P.S. Case No. 20/2018, subject to condition that petitioner shall join investigation by reporting to the Investigating Officer within a period of three weeks from today and shall cooperate in course of investigation, failing which the Investigating Officer shall be at liberty to take steps for
Patna High Court Cr.Misc. No.74780 of 2018(2) dt.20-12-2018 3/3 cancellation of bail. This will be in addition to condition prescribed under Section 438(2) of the Code of Criminal Procedure.
(Rajeev Ranjan Prasad, J) Rajeev/- U T