Raghu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48627 of 2024 Arising Out of PS. Case No.-12 Year-2021 Thana- SHANKARPUR District- Madhepura ====================================================== RAGHU YADAV, Male, aged about 92 Yrs., SON OF LATE BABJAN YADAV @ BOBJAN YADAV @ BABUJI YADAV, RESIDENT OF VILLAGE - HIROLWA, WARD NO.8, P.S. - SHANKARPUR, DISTRICT - MADHEPURA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Budhilal Yadav, Advocate For the Opposite Party/s :
Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-10-2024 Heard Mr. Budhilal Yadav, learned counsel appearing on behalf of the petitioner and Mr. Jharkhandi Upadhyay, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Shankarpur P.S. Case No. 12/2021 registered for the offence(s) punishable under Sections 302/34 of the Indian Penal Code and later on Section 304(B) of the Indian Penal Code was also added.
3. As per the allegation made in the FIR, the petitioner along with other co-accused committed murder of the daughter of the informant.
4. Learned counsel appearing on behalf of the petitioner informs that the final form was submitted insofar as
Patna High Court CR. MISC. No.48627 of 2024(2) dt.25-10-2024 2/3 the petitioner is concerned before the District Court, however, the District Court has taken cognizance on 27.10.2024. Learned counsel further informs that petitioner is aged about 92 years and the same can be verified by the local police and being old and infirm, the petitioner deserves to be released on pre-arrest bail, having no connection with the alleged commission of murder. He further informs that petitioner is the grand-father-inlaw of the deceased and has no concern with the matrimonial affairs of his grandson and the deceased. He further informs that husband of the deceased has been acquitted.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well as, the fact that the petitioner is 92 years old or not can only be verified by the police, considering the nature of allegation against the petitioner and the information given before this Court on behalf of the petitioner by learned counsel that husband of the deceased has been acquitted, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
Patna High Court CR. MISC. No.48627 of 2024(2) dt.25-10-2024 3/3 with two sureties of the like amount each to the satisfaction of learned ACJM, 1st, Madhepura in connection with Shankarpur P.S. Case No. 12/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Purnendu Singh, J) Sanjay/- U T