Anup Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11391 of 2018 Arising Out of PS.Case No. -613 Year- 2014 Thana -NAUBATPUR District- PATNA ======================================================

1. Anup Yadav

2. Sharda Kumar @ Shardha Yadav,

3. Munna Yadav, All S/o Shri Kishun Yadav,

4. Kishun Yadav, S/o Late Yugeshwar Yadav, All Resident of VillageSarasat, P.S. Naubatpur, District Patna. .... .... Petitioners/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioners/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2018 The petitioners are apprehending their arrest in connection with Naubatpur P.S. Case No. 613 of 2014, registered for offences punishable under Sections 147, 148, 149, 342, 307 and 302 of the Indian Penal Code.

Allegation against the petitioners and others is of assaulting the wife of informant by means of garasa causing her death.

It has been submitted on behalf of the petitioners that no garasa injury has been found on the person of the deceased and furthermore, the police after investigation has submitted chargesheet under Section 304A of the IPC finding the death of the deceased accidental and charge-sheet has been submitted against

Patna High Court Cr.Misc. No.11391 of 2018 (3) dt.03-04-2018 2/3 Tempo driver, however, learned court below differing with the opinion of police has taken cognizance under Section 302 of the IPC.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM -IV, Danapur, Patna, in connection with Naubatpur P.S. Case No. 613 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part two appear

Patna High Court Cr.Misc. No.11391 of 2018 (3) dt.03-04-2018 3/3 before the police on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T