Chandrama Prasad Yadav @ Chandrama Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51414 of 2019 Arising Out of PS. Case No.-449 Year-2019 Thana- SONEPUR District- Saran ====================================================== 1.

CHANDRAMA PRASAD YADAV @ CHANDRAMA RAI Son of Late Rajvanshi Rai Residence of Bharpura, P.S.- Sonpur, District- Patna. 2.

Om Prakash Yadav Son of Bachcha Prasad Rai Residence of Bharpura, P.S.- Sonpur, District- Patna.

3.

Jaiprakash Yadav Son of Bachcha Prasad Rai Residence of Bharpura, P.S.- Sonpur, District- Patna.

4.

Ram Prakash Yadav Son of Bachcha Prasad Rai Residence of Bharpura, P.S.- Sonpur, District- Patna.

5.

Munni Devi @ Kamal Muni Devi W/o- Chandrama Prasad Yadav @ Chandrama Rai Residence of Bharpura, P.S.- Sonpur, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 325, 307, 354(A), 379, 504, 506/34 of the Indian Penal Code registered in connection with Sonpur P.S. Case No. 449/2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of quarrel between the children of the parties. No accusation of assault whatsoever has been made against the petitioners and specific assault has been attributed to other coaccused persons. In any event the injuries are simple in nature. The petitioners are accused in one prior case of different nature.

4. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of

Patna High Court CR. MISC. No.51414 of 2019(2) dt.19-08-2019 2/2 communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Chapra at Saran, in connection with Sonpur P.S. Case No. 449/2019, subject to the conditions as laid down under Section 438

(2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That 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.

iv. The petitioner nos. 1 to 4 shall remain physically present and petitioner no. 5 shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/- U T