Krishna Yadav @ Kishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28912 of 2021 Arising Out of PS. Case No.-49 Year-2020 Thana- PALI District- Jehanabad ====================================================== KRISHNA YADAV @ KISHAN KUMAR S/O PRAMOD KUMAR R/o village- Chakramasi, P.S.- Dhanarua, District- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party :

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-02-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Pali P.S. Case No. 49 of 2020, registered for the offenses punishable under Sections 365, 120(B) of the Indian Penal Code. As per fardbeyan of the informant, Sanjay Kumar, the marriage of his sister Rinku Devi was solemnized with co-accused Dharmraj Yadav, twelve years before. No issue was born out of wedlock of the couple, as such, the relation between the couple was not cordial. Dharmraj Yadav, solemnized his second marriage with co-accused Reena Devi. The accused persons used

Patna High Court CR. MISC. No.28912 of 2021(3) dt.28-02-2022 2/3 to quarrel with Rinku Devi on trivial issues. The informant further states that he always had conversation with his sister on telephone. But when, for two or three days he did not receive telephone call from her sister he went to the matrimonial house of his sister and the house was locked and no one was around. Learned counsel for the petitioner has submitted that this petitioner is brother of co-accused Reena Devi, the second wife of the co-accused Dharmraj Yadav. Reena Devi and Dharmraj Yadav both have been acquitted in Sessions Trial No. 2106 of 2021, vide judgment and order dated 6.12.2021 by Additional Sessions Judge-I, Jehanabad. The statement of the informant was recorded on 22.11.

2021 and in his deposition the informant has stated that there was cordial relation between Dharmraj Yadav and Rinku Devi and before the present occurrence, 2-3 times also Rinku Devi went out of the house. The informant has also stated that his sister was mentally weak and she went somewhere else. Considering the above-mentioned facts and circumstances, especially, the fact that the main accused persons have been acquitted, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.28912 of 2021(3) dt.28-02-2022 3/3 each to the satisfaction of learned Additional Chief Judicial Magistrate-I , Jehanabad in connection with Pali P.S. Case No. 49 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) SONALI/- U T