Dharmveer Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57873 of 2017 Arising Out of PS.Case No. -125 Year- 2017 Thana -GOGRI District- KHAGARIA ======================================================
1. Dharmveer Yadav, Son of Late Binodi Yadav, resident of VillageSiswa, Police Station Gogri, District- Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Gogri P.S.Case No. 125 of 2017 registered under Section 304-B/34 of the Indian Penal Code.
It is submitted by the learned counsel for the petitioner that though he is named in the FIR, on completion of investigation, the police found him innocent and did not send him up for trial, he apprehends his arrest as the learned Magistrate differing with the police report took cognizance of the offence and summoned him also. He submitted that similarly circumstanced co-accused Kundan Devi has already been granted pre-arrest bail by a Bench of this Court, vide order dated
Patna High Court Cr.Misc. No.57873 of 2017 (2) dt.20-12-2017 2/2 18.08.2017, passed in Cr.Misc. No. 36711 of 2017. Learned counsel for the State does not dispute the aforesaid contention advanced on behalf of the petitioner. Considering the facts and circumstances of the case and the submission made above, in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Khagaria in connection with Gogri P.S.Case No. 125 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Pradeep/- U T