Lalbabu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60471 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- NADI District- West Champaran ====================================================== 1.
Lalbabu Yadav Son of Chandradev Yadav Village- Bishunpurwa, Pathkhauli, P.S.- Chautarwa, Dist.- East Champaran 2.
Bedami Devi Wife of Lalbabu Yadav Village- Bishunpurwa, Pathkhauli, P.S.- Chautarwa, Dist.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kr Singh No. 1, Advocate For the State :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-09-2024 Heard Mr. Vijay Kr Singh No.1, learned counsel for the petitioners and Mr. Ajit Kumar, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Nadi P.S. Case No. 15 of 2024, F.I.R. dated 04.04.2024 for the offences punishable under Sections 323, 506, 304(B), 201 and 34 of the Indian Penal Code.
3. According to prosecution case, due to nonfulfillment of the demand of dowry the accused persons have killed the daughter of the informant.
4. Learned counsel for the petitioners submits that petitioner no.1 has clean antecedent and petitioners have falsely
Patna High Court CR. MISC. No.60471 of 2024(2) dt.11-09-2024 2/3 been implicated in the present case merely on the ground that the petitioners are in laws of the deceased in fact the deceased has committed suicide herself. He further submits that from a bare perusal of the FIR it appears that there is no specific allegation against these petitioners and husband of the deceased, namely, Rajesh Kumar who happens to be the son of the petitioners is in judicial custody since 19.07.2024.
5. Learned Additional Public Prosecutor for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioners on the ground that petitioner no.2 carries one criminal antecedent other than the present one but fairly submits on the basis of the paragraph no.3 of the bail petition that the petitioner no.2 is on bail in the pending matter.
6. Considering the aforesaid facts and circumstances, petitioners having clean antecedent and there is no specific allegation attributed against these petitioners, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st Bagaha, West Champaran in connection
Patna High Court CR. MISC. No.60471 of 2024(2) dt.11-09-2024 3/3 with Nadi P.S. Case No. 15 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) ajay/- U T