Raju Yadav @ Raju Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5372 of 2016 Arising Out of PS.Case No. -36 Year- 2015 Thana -BAGAINGOLA District- BUXAR ====================================================== Raju Yadav @ Raju Singh, S/o Baidya Nath Yadav, resident of VillagePokhrahan, Tola, P.S.- Bagen Tola, District- Buxar. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-03-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Bagen Gola P.S. Case No. 36/2015, disclosing offences under sections 302, 201/34 of the Indian penal Code. The petitioner is the husband of the deceased. They were married 12 years before the date of occurrence. Learned counsel, appearing on behalf of the petitioner, submits that no offence under section 302 of the Indian Penal Code is made out on the basis of allegation made in the First Information Report, rather from the F.I.R. itself, it is apparent that the deceased was taken to the hospital and she was being taken to P.M.C.H., as her condition had deteriorated, by the in-laws of the

Patna High Court Cr.Misc. No.5372 of 2016 (2) dt.09-03-2016 deceased.

I find substance in the submissions advanced on behalf of the petitioner after going through the First Information Report. This application is, accordingly, allowed.

Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in Bagen Gola P.S.Case No. 36/2015, G.R.No. 2159/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U