Parmeshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80052 of 2019 Arising Out of PS. Case No.-169 Year-2019 Thana- KAUWAKOL District- Nawada ====================================================== PARMESHWAR YADAV, Son of Mishri Yadav, Resident of Village - Mananiyatari, P.S. - Kawakole, Distt. - Nawada. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Shanker Prasad For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363 and 364 of the Indian Penal Code.

The FIR was lodged on missing of the husband of the informant. After two months, dead body of the victim was recovered and two other persons, apprehended by the police, confessed before the police where name of the petitioner surfaced. Petitioner has got no criminal antecedent. There is no material to substantiate that the petitioner is going to tamper with the evidence or abscond the process of law. Submission is that besides confessional statement of the co-accused, namely, Anuj Yadav before the police, there is no other material against the petitioner.

Patna High Court CR. MISC. No.80052 of 2019(2) dt.23-01-2020 2/2 Finding substance in the submission aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Kawakol Police Station Case No. 169 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the trial court.

(Birendra Kumar, J) Kundan/- U T