Bharat Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51956 of 2018 Arising Out of PS. Case No.-195 Year-2018 Thana- BRAHMPUR DistrictBuxar ======================================================
1. Bharat Yadav Son of Late Ram Pratap Yadav
2. Bhagwati Devi Wife of Bharat Yadav Both resident of Village- Chakki Laxman Dera, P.S.- Brahampur, DistrictBuxar. ... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Lakshmi Kant Sharma, Advocate.
For the Opposite Party:
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-02-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 304B, 201/34 of the Indian Penal Code registered in connection with Brahampur (Chakki) P.S. Case No. 195 of 2018.
3. It is submitted that the petitioners have been falsely implicated merely because they happen to be the parents of the husband of the deceased. It is submitted that the deceased died of snake bite for which she was being treated at Sadar Hospital, Buxar. The husband of the deceased Guddu Yadav who had surrendered before the police has since been granted bail by this Court in Cr. Misc. No. 73038 of 2018. The petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named
Patna High Court Cr.Misc. No.51956 of 2018(4) dt.14-02-2019 2/2 petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Brahampur (Chakki) P.S. Case No. 195 of 2018, subject to the conditions as laid down under Section 438
(2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner no. 1 shall remain physically present and petitioner no. 2 shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Ibrar//- U T