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Patna High CourtCR. MISC./58241/2017bail granted

Sri Kant Singh @ Krishna Yadav And ANR v. The State Of Bihar

2018-02-02Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58241 of 2017 Arising Out of PS.Case No. -98 Year- 2017 Thana -BUXAR MUFFSIL District- BUXAR ======================================================

1. Sri Kant Singh @ Krishna Yadav,

2. Laxman Singh Yadav @ Laxman Singh @ Laxman Yadav, Both are sons of Late Saghru Singh, All are resident of Baghelava Chusa, P.S.- Buxar (Muffasil), District- Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Sharma For the Opposite Party/s : Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-02-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Buxar Muffasil P.S. Case No. 98 of 2017 instituted for the offence under Section-302 of the Indian Penal Code.

The FIR is against unknown.

It is alleged that father of the informant was found dead and there was injury on his neck, chest, shoulder etc. The case diary has been received.

The learned Sessions Judge has mentioned in the impugned order that in the case diary, it has come that love affairs was going on between Shiv Prasad Singh and widow of late Gorakh Nath Singh and father of the petitioner used to go to the house of widow of late Gorakh Nath Singh. Therefore, Shiv Prasad Singh and his associates, including

Patna High Court Cr.Misc. No.58241 of 2017 (3) dt.02-02-2018 2/2 these petitioners have killed the informant's father. In this manner, mere suspicion has been raised against the petitioners.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Buxar Muffasil P.S. Case No. 98 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-V Buxar subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will liable to cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) A.K.V.