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Patna High CourtCR. MISC./18816/2019bail granted

Lalan Yadav v. The State Of Bihar

2019-07-15Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18816 of 2019 Arising Out of PS. Case No.-285 Year-2018 Thana- NAYA RAM NAGAR District- Munger ====================================================== 1.

LALAN YADAV, aged about 38 years, Male, Son of Kamleshwari Yadav, Resident of Village - Heru Diyara, Kali Asthan, P.S.- Naya Ram Nagar (Safiabad), District - Munger 2.

Manohar Yadav, aged about 35 years, Male, Son of Kamleshwari Yadav, Resident of Village - Heru Diyara, Kali Asthan, P.S.- Naya Ram Nagar (Safiabad), District - Munger ... Petitioners

Versus

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

For the Petitioners :

Mr. Sanjeeb Kumar Sanju, Adv.

For the Opposite Party :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 5 15-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Naya Ram Nagar P.S. Case No. 285 of 2018 for the offences alleged under Sections 304B and 34 of the Indian Penal Code. The accusation is that marriage of Aruna Devi, daughter of the informant, was performed with Karanveer Yadav, son of Kamleshwari Yadav two years before and due to wed-lock both were blessed with a baby aged about six months. The daughter of the informant was being tortured for non-fulfillment of cash of Rs.2,20,000/- and due to that reason she was killed. Learned counsel for the petitioners submits that both the petitioners are elder brothers of the husband of the deceased and use to reside separately to Karanveer Yadav, but, with ulterior motive both have been implicated in this case. Further submission is that due to quarrel between the husband and wife, deceased,

Patna High Court CR. MISC. No.18816 of 2019(5) dt.15-07-2019 2/2 Aruna Devi, committed suicide by hanging and she was recovered from the house of Karanveer Yadav in presence of police and on the inquest report, prepared by the police, petitioner no. 1 also put his signature as a witness. More over, Karanveer Yadav, against whom specific allegation is of making demand of cash of Rs.2,20,000/-, is in custody.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Naya Ram Nagar P.S. Case No. 285 of 2018 shall be released on prearrest bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T