Manohar Yadav @ Manoranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21583 of 2023 Arising Out of PS. Case No.-68 Year-2022 Thana- BELDOUR District- Khagaria ====================================================== 1.
MANOHAR YADAV @ MANORANJAN KUMAR SON OF LATE LAXMAN YADAV RESIDENT OF VILLAGE- MALI , PS- BELDAUR, DISTT- KHAGARIA 2.
SUFLESH KUMAR @ SUBHASH KUMAR @ SUBHLESH KUMAR SON OF MANOHAR YADAV @ MANORANJAN KUMAR RESIDENT OF VILLAGE- MALI , PS- BELDAUR, DISTT- KHAGARIA 3.
CHANDRIKA DEVI WIFE OF MANOHAR YADAV @ MANORANJAN KUMAR RESIDENT OF VILLAGE- MALI , PS- BELDAUR, DISTTKHAGARIA ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :
Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. From perusal of the order-sheet, it appears that vide order dated 05.07.2023, this application in respect of petitioner no.2 has already been dismissed as withdrawn.
3. Now, this application survives only for petitioner nos.1 and 3.
4. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304B, 498A, 201 and 34 of the Indian Penal Code and Section 3⁄4 of
Patna High Court CR. MISC. No.21583 of 2023(4) dt.27-07-2023 2/3 the Dowry Prohibition Act, later on converted into Section 364/34 of the Indian Penal Code.
5. The daughter of the informant is said to have been killed by the petitioners in association of other co-accused.
6. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case as they are in-laws of the deceased. Petitioner No.1 is the father-in-law and petitioner no.3 is the mother-in-law of the deceased. They are living separately with the deceased and his husband. They have no concern with their day-to-day affairs. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that the husband of the deceased is already in judicial custody. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
7. Learned APP for the State opposed the prayer for bail.
8. Having regard to the facts and circumstances of the case as well as the fact that petitioner nos. 1 and 3 are fatherin-law and mother-in-law of the deceased and the husband of the deceased is already in judicial custody, let the above named petitioner nos. 1 and 3, be released on bail, in the event of their
Patna High Court CR. MISC. No.21583 of 2023(4) dt.27-07-2023 3/3 arrest or surrender before the learned Court below within a period of six weeks from today, 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 lower Court where the case is pending/successor Court in connection with Beldaur P.S. Case No.68 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T