Pramod Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.328 of 2024 Arising Out of PS. Case No.-327 Year-2023 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.
Pramod Yadav son of SAUDAGAR YADAV RESIDENT OF VILLAGEKAMALPR, PS- PIRPAINTI, DISTT- BHAGALPUR 2.
KUNDAN YADAV SON OF PRAMOD YADAV RESIDENT OF VILLAGE- KAMALPR, PS- PIRPAINTI, DISTT- BHAGALPUR 3.
MANO DEVI WIFE OF PRAMOD YADAV RESIDENT OF VILLAGEKAMALPR, PS- PIRPAINTI, DISTT- BHAGALPUR 4.
KIRTI DEVI @ PRITY KUMARI WIFE OF KUNDAN YADAV RESIDENT OF VILLAGE- KAMALPR, PS- PIRPAINTI, DISTTBHAGALPUR 5.
PRAMOD YADAV SON OF RAGHO YADAV RESIDENT OF VILLAGEKAMALPR, PS- PIRPAINTI, DISTT- BHAGALPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ambrish Jha For the Opposite Party/s :
Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-01-2024 Heard learned counsel for the petitioners as well as the learned APP for the State.
2. The petitioners apprehend their arrest in connection with Pirpainti P.S. Case No. 327 of 2023, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 302, 504 and 506 of the Indian Penal Code.
3. As per allegation, when the informant was scolding his son, the accused persons came there and they started abusing the informant and they badly assaulted his son Vikash Kumar
Patna High Court CR. MISC. No.328 of 2024(2) dt.24-01-2024 2/3 aged 17 years. Vikasn Kumar was brought to Pirpainti hospital wherefrom he was referred to Jawahal Lal Nehru Medical College, Bhagalpur where he was declared dead.
4. Learned counsel for the petitioners has submitted that the petitioner no. 1 is brother of the informant and both the parties are agnates. She has submitted further that grandmother of the deceased has filed affidavit. She has also submitted that the informant has not spared even the female members of the house. The petitioner nos. 3 and 4 are ladies.
5. There is allegation against the petitioners that they badly assaulted the deceased. Learned court below before rejecting the anticipatory bail application has perused the postmortem report of the deceased which shows that he was badly injured and the injuries were dangerous to life in ordinary course of nature. The death was due to haemorrhage and shock.
6. Considering the above-mentioned facts and circumstances, the anticipatory bail petition of petitioner nos. 1, 2 and 5 is rejected.
7. Petitioner Nos. 3 and 4 are ladies, let them, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the
Patna High Court CR. MISC. No.328 of 2024(2) dt.24-01-2024 3/3 like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Pirpainti P.S. Case No. 327 of 2023, subject to the conditions as laid down under Section 438(2) CrPC.
(Nawneet Kumar Pandey, J) SONALI/- U T