Raja Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48553 of 2017 Arising Out of PS.Case No. -23 Year- 2017 Thana -KAJRAULICHAK District- BHAGALPUR ======================================================
1. Raja Yadav,
2. Puso Yadav, Both sons of Pratap Yadav @ Pratap Narayan Yadav, resident of Village- Gaurachowki, P.S. Kajraili, District Bhagalpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner : Mr. Vikramdeo Singh, Advocate Mr. Pawan Kumar, Advocate For the S t a t e : Mr. Brajendra Nath Pandey, APP For the Informant : Mrs. Gupta Kumari Jha, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioner Nos.1 and 2 are in custody since 7.6.2017 and 13.7.2017 respectively, in connection with Kajraili P.S. Case No.23 of 2017 registered for the offences under Sections 147, 148, 448, 341, 323, 149, 324, 325, 307, 302 and 427 of the Indian Penal Code and Section 27 of the Arms Act.
The allegation against these two petitioners is of participation in the occurrence in which son of the informant was alleged dragged and murdered.
Patna High Court Cr.Misc. No.48553 of 2017 (2) dt.17-10-2017 2/3 Learned counsel for the informant is also present and submits that the present case is one of honour killing and the girl is still traceless and these petitioners may not be extended the privilege of bail.
Having considered the entire facts and circumstances and after perusal of the order dated 24.08.2017 passed in Cr.Misc. No.40068 of 2017, whereby two other similarly situated co-accused persons, namely, Sita Ram Yadav and Sushil Yadav @ Sunil Kumar Yadav @ Sunil Yadav, have been extended the privilege of bail, let the petitioners, above named, be released on bail on their furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Shree Ranjan Kumar Mishra, learned Additional Chief Judicial Magistrate-XIV, Bhagalpur, in connection with Kajraili P.S. Case No.23 of 2017, subject to the following conditions:
(i) One of the bailors will be their own relative, namely, father, mother, brother, sister and/or their wife.
(ii) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial. (iii) The petitioners shall remain physically present
Patna High Court Cr.Misc. No.48553 of 2017 (2) dt.17-10-2017 3/3 in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be cancelled by the learned court concerned.
(iv) The petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T