Birendra Yadav @ Munna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6539 of 2023 Arising Out of PS. Case No.-123 Year-2022 Thana- FESHAR District- Aurangabad ====================================================== BIRENDRA YADAV @ MUNNA YADAV Son of Vijay Yadav @ Vijay Singh Yadav R/v- Parasi, P.S.- Fesar, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Mukul Kumari, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Fesar P. S. Case No. 123 of 2022 registered for the offence under Sections 304-B/34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 22.11.2022.

The allegation against the petitioner is to cause death of daughter of informant, along with other co-accused persons/family members, due to non-fulfillment of demand of dowry as raised for cash of Rs. 5 Lacs.

Learned counsel appearing on behalf of the petitioner submitted that implication of petitioner is only for the reason that he is the elder brother of husband of the deceased, against whom thrust of allegation is available. It is submitted that

Patna High Court CR. MISC. No.6539 of 2023(2) dt.09-05-2023 2/2 petitioner being brother-in-law living separately, having no connection with daily and domestic affairs with the deceased and her husband. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is completed, for which, charge-sheet has submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

In view of the facts and circumstances as mentioned above, as petitioner appears brother-in-law of the deceased, living separately, where petitioner is in custody since 22.11.2022 coupled with the fact that charge-sheet has already submitted, let the petitioner, above named, is directed to be released on bail in connection with Fesar P. S. Case No. 123 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T