Ram Shankar Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3363 of 2015 Arising Out of PS.Case No. -35 Year- 2014 Thana -BITHAN BAZAR District- SAMASTIPUR ======================================================
1. Ram Shankar Yadav
2. Lakshmi Yadav Both sons of Late Jhabar Yadav
3. Indu Devi Wife of Late Jhabar Yadav
4. Sunita Devi Wife of Ram Shankar Yadav
5. Chunchun Devi Wife of Lakshmi Yadav All resident of Village - Pusho, P.S. - Bithan, District - Samastipur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh For the Opposite Party/s : Mr. Ramesh Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-06-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State and learned counsel for the informant.
Petitioners apprehend their arrest in connection with Bithan Police Station Case No. 35 of 2014 registered for the offences punishable under Sections 341, 323, 324, 504, 379 and 302/34 of the Indian Penal Code.
Petitioners are said to have given Fersa blow to the deceased, who was examined by the doctor just after the alleged occurrence and the concerned doctor found altogether four injuries on the person of deceased but all the injuries were found simple in
Patna High Court Cr.Misc. No.3363 of 2015 (5) dt.22-06-2015 2/2 nature said to be caused by hard and blunt substance except one injury which is said to have been caused by sharp cutting weapon. Admittedly, after 18 days of the alleged occurrence deceased died in course of his treatment but the post mortem report of deceased reveals that cause of death of deceased was due to lungs and liver pathology leading to cardiorespiratory failure. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner no. 1, Ram Shankar Yadav and petitioenr no. 2, Lakshmi Yadav, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs.
10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Rosera in Bithan Police Station Case No. 35 of 2014 , subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) Namita/- U T