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Patna High CourtCR. MISC./19929/2021allowed

Ramlakhan Yadav v. The State Of Bihar

2022-01-13Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19929 of 2021 Arising Out of PS. Case No.-45 Year-2019 Thana- GORIAKOTHI District- Siwan ====================================================== 1.

Ramlakhan Yadav Son of Late Chhabila Yadav Resident of Goreakothi West Mathiya, P.S.- Goreakothi, Diatrict- Siwan.

2.

KAMLESH YADAV @ AMLESH KUMAR Son of Ramlakhan Yadav Resident of Goreakothi West Mathiya, P.S.- Goreakothi, Diatrict- Siwan. 3.

SONU YADAV @ SONU KUMAR @ SUMAN Son of Ramlakhan Yadav Resident of Goreakothi West Mathiya, P.S.- Goreakothi, Diatrict- Siwan. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Bardhan Pandey, Adv.

For the Opposite Party/s :

Mr. Ganesh Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-01-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State through the virtual court proceeding.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 498, 304B/34 of the Indian Penal Code.

Allegation against the petitioners is that they committed murder of the sister of the informant for non-

Patna High Court CR. MISC. No.19929 of 2021(2) dt.13-01-2022 2/3 fulfillment of demand of motorcycle.

It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that husband of the deceased is already in judicial custody. He submits that petitioner no.1 is the father-in-law and petitioner nos. 2 and 3 are brother-in-law (Devar) of the deceased. He submits that petitioner no. 1 is working in private company as Master Operator and he was on duty in Noida when the incident occurred and petitioner no. 2 and 3 are also residing with their father. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case and the fact that husband of the deceased is already in juridical custody, the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is

Patna High Court CR. MISC. No.19929 of 2021(2) dt.13-01-2022 3/3 pending/successor court in connection with Goreakothi P.S. Case No. 45 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T