Prakash Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42537 of 2017 Arising Out of PS. Case No.-224 Year-2017 Thana- BANKA District- Banka ======================================================
1. Prakash Yadav, S/o Dashrath Yadav,
2. Hema Devi, Wife of Prakash Yadav, Both resident of VillageBhaturai Chhatrapal Gora, Police Station- Banka, DistrictBanka. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Mukherjee For the Opposite Party/s :
Mr. DR. INDIWAR KUMARI ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 03-11-2017 Heard learned counsels for the petitioners and the State. Petitioners apprehend arrest in connection with Banka P.S. Case No. 224 of 2017 registered for the offence punishable under sections 302/34 of the Indian Penal Code. Learned counsel appearing for the petitioners submits that petitioner no. 1 is the Bhaisur and petitioner no. 2 is Gotni of the deceased. There is admitted dispute between the parties regarding partition of land. The deceased was not killed by the accused persons rather she committed suicide. Learned Addl. P.P. appearing for the State submits that there is specific allegation against the petitioner no. 1 of brutally assaulting the deceased leading to her death. Considering the facts and circumstances of the case and the
Patna High Court Cr.Misc. No.42537 of 2017(4) dt.03-11-2017 2/2 submissions advanced on behalf of the parties, let the petitioner no. 2, above named, in the event of arrest or surrender within a period of four weeks from today, 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 Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 224 of 2017 subject to the conditions laid down under section 438(2) Cr.P.C.
However, considering the nature of allegations levelled against petitioner no. 1, I am not inclined to grant him the privilege of anticipatory bail. The same is, hereby, rejected. (Arvind Srivastava, J) mcv/- U T