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Patna High CourtCR. MISC./16282/2021bail granted

Subodh Kumar @ Subodh Yadav v. The State Of Bihar

2021-12-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16282 of 2021 Arising Out of PS. Case No.-337 Year-2020 Thana- HILSA District- Nalanda ====================================================== 1.

SUBODH KUMAR @ SUBODH YADAV Son of Ashok Yadav Resident of Village- Murgiyachak, P.S.- Hilsa, Disstrict- Nalanda. 2.

Mukesh Kumar @ Mukesh Yadav Son of Ashok Yadav Resident of VillageMurgiyachak, P.S.- Hilsa, Disstrict- Nalanda. 3.

Anushka Kumari @ Anushka Devi W/o of Subodh Kumar @ Subodh Yadav Resident of Village- Murgiyachak, P.S.- Hilsa, Disstrict- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.A.PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-12-2021 Heard learned counsel for the petitioners, informant and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Hilsa P.S. Case no. 337 of 2020 instituted for the offence under Sections 304(B) and 34 of the Indian Penal Code. Prosecution case relates to dowry death due to nonfulfillment of dowry demand. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely

Patna High Court CR. MISC. No.16282 of 2021(2) dt.21-12-2021 2/2 implicated in this case. They are living separately and have no concern with daily business of deceased and her husband. Petitioners are brother-in-law and sister-in-law of the deceased. Responsibility of taking care to the deceased-wife is against her husband and not against the brother-in-law and sister-in-law of the deceased. Husband is languishing in judicial custody. Learned APP appearing for the State and learned counsel for the informant have opposed the prayer of Bail. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail.

The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Hilsa P.S. Case no. 337 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda subject to the conditions as laid down under section 438(2) of the Cr.P.C.