Shravan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62911 of 2022 Arising Out of PS. Case No.-81 Year-2022 Thana- CHANDAUTI District- Gaya ====================================================== 1.
SHRAVAN YADAV Son of late Kali Yadav 2.
PRITI KUMARI @ PRITI DEVI Wife of Shravan Yadav Both Resident of Village- Chaurahi, P.S.- Chandauti and District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No2, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-05-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners apprehend their arrest in connection with Chandauti P.S. Case No.81 of 2022 instituted under Sections 341, 323, 324, 325, 307, 379, 504, 506 and 34 of the Indian Penal Code lodged on 06.03.2022 by the informant Bablu Kumar.
As per the prosecution story, the informant was going to the market and as soon as he reached near the house of Mohan Paswan accused Shravan Yadav and his wife Priti Kumar started assaulting with iron rod due to which his left hand got fractured and he fell down. It was further alleged that the accused persons tried to strangulate the informant with rope and accused Shravan Yadav snatched Rs. 2000/- from the pocket
Patna High Court CR. MISC. No.62911 of 2022(3) dt.22-05-2023 2/3 of the informant. On hue and cry the local people reached there and saved his life. Accordingly, the FIR.
Taking into account the kind of allegation that has come against the petitioner no.1, this Court does not deem it fit and proper to extend him privilege of anticipatory bail, which is accordingly rejected.
So far as petitioner no.2, Priti Kumari is concerned, she being wife of petitioner no.1, a lady and do not have criminal antecedent, this Court is inclined to grant them privilege of bail.
Let the petitioner no.2, Priti Kumari, be released on bail, in the event of her arrest or surrender before the Subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Chandauti P.S. Case No.81 of 2022 to the satisfaction of learned Additional Chief Judicial Magistrate, IIIrd, Gaya, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions that: (i) one of the bailor should be the family member of the petitioner no.2 who shall provide official document to show her bona fide;
Patna High Court CR. MISC. No.62911 of 2022(3) dt.22-05-2023 3/3 (ii) the petitioner no.2 shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial court itself; (iii) the petitioner no.2 shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner no.2 shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Prakash Narayan / Sunil U T