High Court Patna High Court - Orders

Abhinandan Yadav vs State Of Bihar on 25 June, 2010

Patna High Court – Orders
Abhinandan Yadav vs State Of Bihar on 25 June, 2010
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.14096 of 2010
                       ABHINANDAN YADAV SON OF LATE MOTI YADAV
                                             Versus
                                      STATE OF BIHAR
                                           -----------

3. 25.6.2010 Heard learned Counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the

offence under Section 302/34 of the Indian Penal Code.

In the first information report the informant has alleged

the petitioner’s complicity arose in the murder of his son since the

petitioner’s daughter and the deceased were having love affairs,

but the deceased refused to get married immediately with her.

During investigation it transpired that in fact the deceased in a

drunken stage had entered into the house of the petitioner and he

was variously assaulted by the accused persons and thereafter

one co-accused Haldhar Yadav throttled the deceased.

Considering the same, let the petitioner above

named, who is in custody since 7.12.2009 and has fair

antecedents, be released on bail on furnishing bail bond of

Rs.5,000/- (Five thousand) with two sureties of the like amount

each to the satisfaction of Chief Judicial Magistrate,

Madhepura in Kumarkhand P.S.case No.99 of 2009, subject

to the conditions (i) That one of the bailors will be a close

relative of the petitioner who will give an affidavit giving

genealogy as to how he is related with the petitioner. The

bailor will undertake to furnish information to the court about

any change in the address of the petitioner, (ii) that the
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affidavit shall clearly state that the petitioner is not an accused

in any other case and if he is he shall not be released on bail

and (iii) that the petitioner will give an undertaking that he will

receive the police papers on the given date and be present on

date fixed for charge and if he fails to do so on two given

dates and delays the trial in any manner, his bail will be liable

to be cancelled for reasons of misuse.

( Anjana Prakash, J. )

Narendra/