Pappu Prasad Yadav @ Pappu Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58198 of 2015 Arising Out of PS.Case No. -173 Year- 2014 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ======================================================
1. Pappu Prasad Yadav @ Pappu Yadav Son of late Kailu Yadav.
2. Rinku Devi W/o Papu Prasad Yadav@Papu Yadav.
3. Kamla Devi W/o late Kailu Yadav. All are residents of Village: Derhdhara, Police Station Rahui, District Nalanda. .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Satyendra Prasad Singh, Advocate For the Opposite Party/s : Mr. Ram Sumiran Roy, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-01-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Rahui P.S. Case No. 173 of 2014, disclosing offences under Sections 302 and 328/34 of the Indian Penal Code. Petitioner no. 1 has been arrested during the pendency of this application. This application, so far, petitioner no. 1 has become infructuous.
The petitioner no. 2 is the wife of the elder brother of the husband of the deceased whereas petitioner no. 3 is the mother-in-law of the deceased.
Learned counsel for the petitioners submits that there is absolutely no material against these petitioners to connect them
Patna High Court Cr.Misc. No.58198 of 2015 (2) dt.30-01-2016 2/2 with the alleged offence. He further contends that even on the basis of the First Information Report, these petitioners have been implicated on the basis of vague hearsay statement that the in-laws had killed the deceased.
I find substance in the submission made on behalf of the petitioners, this application is, accordingly, allowed. Let the petitioners, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Rahui P.S. Case No. 173 of 2014, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Vats/- U T