Nagendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16492 of 2023 Arising Out of PS. Case No.-123 Year-2022 Thana- FESHAR District- Aurangabad ====================================================== 1.
NAGENDRA YADAV SON OF VIJAY SINGH Resident of village - Parasi, P.S. - Fesar, Distt. - Aurangabad 2.
VIJAY YADAV @ VIJAY SINGH YADAV SON OF LATE RAMPRASAD YADAV Resident of village - Parasi, P.S. - Fesar, Distt. - Aurangabad 3.
URMILA DEVI W/O NAGENDRA YADAV Resident of village - Parasi, P.S. - Fesar, Distt. - Aurangabad 4.
BASANTI DEVI W/O VIJAY YADAV @ VIJAY SINGH YADAV Resident of village - Parasi, P.S. - Fesar, Distt. - Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukul Kumari, Adv.
For the Opposite Party/s :
Mr.Abhay Kumar Roy, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2023 Heard the parties.
Learned counsel for the petitioners has filed a supplementary affidavit in the Court.
Let it be kept on record.
The petitioners apprehend their arrest in a case registered for the offences punishable under Section 304(B)/34 of the Indian Penal Code.
All the F.I.R. named accused persons including these petitioners, on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have committed
Patna High Court CR. MISC. No.16492 of 2023(4) dt.11-07-2023 2/3 murder of the daughter of the informant.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners are in-laws of the deceased. Petitioners have been living separately from the deceased for a long time, which is also mentioned in Para 11 of the bail application. The husband of the deceased is already in judicial custody since 05.07.2023. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail.
Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners and the husband of the deceased is already in judicial custody, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.16492 of 2023(4) dt.11-07-2023 3/3 connection with Fesar P.S. Case No. 123 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T