Laloo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17239 of 2022 Arising Out of PS. Case No.-112 Year-2021 Thana- KALUAHI District- Madhubani ====================================================== LALOO YADAV Son of Late Rambilash Yadav Resident of Village - Radh, P.S. - Kaluahi, District - Madhubani.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Ramprawesh Yadav Son of Late Munsif Yadav Resident of Village - Akuli, P.S. - Arer, District - Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Kumari Shubham, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 498(A), 306, 120(B), 34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture and assault and thereafter caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no

Patna High Court CR. MISC. No.17239 of 2022(2) dt.28-04-2022 2/2 allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. From perusal of the record, it appears that there is no substantive evidence to suggest that the petitioner is abettor. The petitioner has been made accused due to mistake of fact. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Kaluahi P.S. Case No. 112 of 2021, G.R. No. 1426 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T