Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12157 of 2017 Arising Out of PS.Case No. -81 Year- 2016 Thana -DHARHARA District- MUNGER ======================================================

1. Sunil Yadav, S/o Nageshwar Yadav, resident of village - Srirampur, P.S. Akbar Nagar, District - Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2017 The petitioner is apprehending his arrest in connection with Dharhara P.S. Case No. 81 of 2016, registered for offences punishable under Sections 364/34 Indian Penal Code and later on added Section 302 Indian Penal Code.

It has been submitted on behalf of the petitioner that whatever allegation is there that is against co-accused Gaurav Yadav and petitioner has nothing to do with the alleged offence. Further, in this case, there is allegation of abduction and rape and it is not acceptable that a father will accomplish his son in committing such an offence and also during the course of investigation, nothing has come against this petitioner. Heard learned A.P.P. also Having heard both sides, in view of the fact that

Patna High Court Cr.Misc. No.12157 of 2017 (3) dt.04-04-2017 2/3 petitioner is father-in-law of the deceased and also considering other materials, let the petitioner above named, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Munger, in connection with Dharhara P.S. Case No. 81 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. This is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

Patna High Court Cr.Misc. No.12157 of 2017 (3) dt.04-04-2017 3/3 It is also made clear that if during investigation, any serious incriminating material comes against this petitioner, the prosecution will be at liberty to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U