Partly allowed

Chandeshwari Yadav and Ors. v. The State of Bihar

Patna HC7 Feb 2019CR. MISC./7322/2019

Case brief

AI extract

What is this about?

Former convict Chandeshwari Yadav approached the Patna High Court seeking anticipatory bail in a case involving offences under sections 341, 323, 307, 504/34 IPC. The Court refused anticipatory bail to the petitioner concerned due to the likelihood of death in the alleged act, directing surrender instead. Other petitioners were granted bail upon arrest/surrender.

What did the court decide?

Anticipatory bail refused to one appellant; regular bail rule formulated for others upon surrender/arrest within 30 days via bail bond.

Chandeshwari Yadav and Ors. Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7322 of 2019

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Arising Out of PS. Case No.-202 Year-2018 Thana- DHURAIYA District- Banka

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======================================================

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Chandeshwari Yadav (M)aged about 60 years Son of Late Maharaj Yadav

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Matru Yadav @ Sudam Yadav @ Matra Yadav (M) aged about 30 years son of Chandeshwari Yadav

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Mina Devi, (F)aged about 26 years wife of Matru Yadav @ Sudam Yadav All are resident of village- Jaganmitta, P.O.- Ahiro,P.S.-Dhoraiya, DistrictBanka.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : None For the Opposite Party/s : Mr.Abhay Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR

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ORAL ORDER

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2 07-02-2019

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No one appears on behalf of the petitioners.

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Heard learned Additional Public Prosecutor for the

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State.

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The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341,323,307,504/34 of the Indian Penal Code.

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The allegation of commission of injury with khanti at the head of the informant is against petitioner-Chandeshwari Yadav.

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Since Chandeshwari Yadav had knowledge that his act might cause death, I am not inclined to enlarge him on anticipatory bail. Hence, prayer is refused. He may surrender

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Patna High Court Cr.Misc. No.7322 of 2019(2) dt.07-02-2019 2/2

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and pray for regular bail.

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There is no such allegation against other petitioners, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Dhoraiya P.S.Case No. 202 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioners 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 petitioners.

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(Birendra Kumar, J)

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Nitesh/-

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U T

Chandeshwari Yadav and Ors. v. The State of Bihar

Case brief

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What did the court decide?

Chandeshwari Yadav and Ors. v. The State of Bihar

Case brief

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