Shivalak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12287 of 2022 Arising Out of PS. Case No.-251 Year-2021 Thana- ASHTHAWAN District- Nalanda ====================================================== 1.

Shivalak Yadav S/O Late Bishun Yadav R/O Village- Konan, P.S.- Asthawan, District- Nalanda.

2.

Bacchi Devi W/O Shivalak Yadav R/O Village- Konan, P.S.- Asthawan, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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 302/201 of the Indian Penal Code.

Petitioners are said to have committed murder of sister of the informant.

It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely

Patna High Court CR. MISC. No.12287 of 2022(2) dt.04-08-2022 2/2 implicated in this case. He submits that the petitioner no. 1 is father-in-law and petitioner no. 2 is mother-in-law of the deceased and they are living separately since six years. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that husbabnd of the deceased is already in judicial custody. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail and submits that there is direct allegation of assault and to commit murder of the sister of the informant. Considering the nature of allegation, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer for anticipatory bail is rejected in connection with Asthawan P.S. Case No. 251 of 2021.

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