Bhikhari Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31781 of 2018 Arising Out of PS.Case No. -114 Year- 2017 Thana -JOGBANI District- ARRARIA ======================================================
1. Bhikhari Yadav, Son of Late Laxman Yadav,
2. Rahul Yadav @ Amit Yadav, Son of Pancham Yadav,
3. Rina Devi, Wife of Santosh Yadav,
4. Dahawa Devi, Wife of Bhikhari Yadav,
5. Lukari Devi, Wife of Rancham Yadav, All are resident of VillageKhajur Bari, P.S.- Jogbani, Dist- Araria. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-06-2018 The petitioners are apprehending their arrest in connection with Jogbani P.S. Case No. 114 of 2017, registered for offences punishable under Sections 302, 380, 427, 323, 504 and 506 of the Indian Penal Code..
Allegation against the petitioners is of setting the hosue of the informant on fire, due to which daughter of the informant sustained burn injuries and died.
It has been submitted on behalf of the petitioners that they have falsely been made accused in this case, which will appear from the fact that the case has been lodged after lapse of one and half months of date of occurrence and though it is alleged
Patna High Court Cr.Misc. No.31781 of 2018 (3) dt.27-06-2018 2/3 that the deceased disclosed that the petitioners set the house on fire, however, no step was taken to lodge the F.I.R and for postmortem of the deceased.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Jogbani P.S. Case No. 114 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on
Patna High Court Cr.Misc. No.31781 of 2018 (3) dt.27-06-2018 3/3 the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T