Antu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7696 of 2024 Arising Out of PS. Case No.-375 Year-2023 Thana- KURTHA District- Jehanabad ====================================================== 1.
ANTU YADAV SON OF RAJBALAM YADAV RESIDENT OF VILLAGE - KUMARU BIGHA, P.S. - KALPA O.P., JEHANABAD, DISTRICT - JEHANABAD 2.
NITISH KUMAR SON OF ANTU YADAV RESIDENT OF VILLAGE - KUMARU BIGHA, P.S. - KALPA O.P., JEHANABAD, DISTRICT - JEHANABAD 3.
GANESH YADAV SON OF SAKALDEEP YADAV RESIDENT OF VILLAGE - KUMARU BIGHA, P.S. - KALPA O.P., JEHANABAD, DISTRICT - JEHANABAD ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Paras Nath, Adv.
For the Opposite Party/s :
Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-02-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Kurtha P.S. Case No. 375 of 2023 dated 13.10.2023 registered for the offence/s punishable u/ss 304B, 201 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioners and the co-accuse persons are alleged to have committed murder of the informant's sister and concealed her dead body due to nonfulfillment of demand of Rs. 3,00,000/-, a motorcycle and
Patna High Court CR. MISC. No.7696 of 2024(2) dt.27-02-2024 2/3 golden chain as dowry.
4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioner no. 1 is the cousin father-in-law, the petitioner no. 2 is the cousin Devar and the petitioner no. 3 is Nandoshi of the deceased. The petitioners neither demanded any dowry nor tortured the deceased. There is general and omnibus allegation against the petitioners. The petitioner no. 2 and 3 have no criminal antecedents and the petitioner no. 1 has one more criminal anteceden as stated at para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioners. It is submitted that the petitioners used to torture the deceased on account of dowry.
6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court concerned, Arwal in connection with Kurtha P.S. Case No. 375 of 2023, subject to
Patna High Court CR. MISC. No.7696 of 2024(2) dt.27-02-2024 3/3 conditions as laid down under section 438(2) of the Code of Criminal Procedure.
8. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T