Patna High CourtCR. MISC./38673/2017bail granted

Dayanand Yadav v. The State Of Bihar

2017-08-19Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38673 of 2017 Arising Out of PS.Case No. -13 Year- 2016 Thana -CHAUSA District- MADHEPURA ====================================================== Dayanand Yadav, Son of Bindeshwari Yadav, Resident of Village-Arajpur, Bhitha Tola, P.S.-Chausa, District-Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Singh For the Opposite Party/s : Mr. Sri Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Chausa P.S. Case No.13 of 2016, registered for offences alleged under Sections 304B/201/120B/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that so far as the present petitioner is concerned, he is neighbour of the family of the deceased. It is submitted that the petitioner has no relationship with the family of the deceased and has falsely been implicated in the case only on the allegation that he did not disclose whereabouts of the family who were absconding when the informant came to the house of the deceased. Learned counsel

Patna High Court Cr.Misc. No.38673 of 2017 (2) dt.19-08-2017 further submits that, in the present case, similarly situated coaccused Rakesh Yadav has been granted anticipatory bail by a coordinate Bench of this Court in Cr.Misc.No.49076 of 2016. Another co-accused has been granted regular bail by a coordinate Bench of this Court in Cr.Misc.No.50776 of 2016. Learned APP though opposed the prayer for bail, but accepts the factual position that the petitioner is not a family member of the husband of the deceased.

In the facts and circumstances of the case, let the petitioner, namely, Dayanand Yadav be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Udakishunganj, DistrictMadhepura in connection with Chausa P.S. Case No.13 of 2016, subject to the conditions U/S 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J) Arvind/- U T