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Patna High CourtCR. MISC./9604/2022bail granted

Vikas Yadav @ Vikas Kumar Yadav v. The State Of Bihar

2022-11-15Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9604 of 2022 Arising Out of PS. Case No.-64 Year-2021 Thana- KATORIYA District- Banka ====================================================== Vikas Yadav @ Vikas Kumar Yadav Son Of Manki Yadav Resident Of Village- Rajabathan, P.S.- Katoriya, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey, Advocate For the Opposite Party/s :

Ms.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Katoriya P.S. Case No. 64 of 2021 registered for the offence under Sections 302, 201 and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 04.10.2021.

The allegation against the petitioner is to commit murder of the daughter of the informant, along with other coaccused persons/family members, due to family dispute and

Patna High Court CR. MISC. No.9604 of 2022(3) dt.15-11-2022 2/3 differences.

Learned counsel appearing on behalf of the petitioner submitted that petitioner has falsely been implicated in this case, for only reason that he is brother-in-law. It is submitted that petitioner is married person and living separately with the deceased and her husband having no connection with their daily domestic affairs. It is further submitted that body of the deceased recovered from an open place, where nothing surfaced/recovered, during the course of investigation, which may connect this petitioner, prima facie, with present set of occurrence. While concluding the argument, it is submitted that investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as petitioner is brother-in-law, living separately coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Katoriya P.S. Case No. 64 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

Patna High Court CR. MISC. No.9604 of 2022(3) dt.15-11-2022 3/3 two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka/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