Pawan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55608 of 2017 Arising Out of PS.Case No. -221 Year- 2016 Thana -BHAWANIPUR District- PURNIA ======================================================

1. Pawan Kumar Yadav S/o Sako Yadav, R/o Bhawanipur, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Ranjan Kumar For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Bhawanipur P.S. Case No. 221 of 2016 instituted for the offence under Sections-302, 120B, 201/34of the Indian Penal Code.

As per written report, the informant has raised suspicion against this petitioner of committing murder of her husband in conspiracy with Bimal Kumar Mandal with whose, daughter he has illicit relation. It has further been submitted that Bimal Kumar Mandal has been granted anticipatory bail by this court vide order dated 13-042017 passed in Cr. Misc. No. 10098 of 2017. From the written report, it is apparent that besides suspicion, there is no specific allegation of overt act against the petitioner.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of

Patna High Court Cr.Misc. No.55608 of 2017 (2) dt.23-11-2017 his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bhawanipur P.S. Case No. 221 of 2016 to the satisfaction of learned learned Sub Divisional Judicial Magistrate, Purnea subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T