Bino Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29295 of 2024 Arising Out of PS. Case No.-347 Year-2021 Thana- KATORIYA District- Banka ====================================================== 1.

Bino Yadav S/O Doman Yadav R/O Village- Kagisar, P.S- Katoria, Distt.- Banka.

2.

Rabri Devi W/O Bino Yadav R/O Village- Kagisar, P.S- Katoria, Distt.- Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Nandad Prasad, Adv.

For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Katoriya P.S. Case No. 347 of 2021 dated 09.12.2021 registered for the offences punishable u/ss 302 and 201 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the informant got her daughter married with the co-accused, Nikesh Yadav as Hindu rites and customs about five years back and she gave a birth to a female child out of their wedlock. The co-accused, Nikesh Yadav does work as labourer in Kolkata. On 04.12.2021, in the night, it

Patna High Court CR. MISC. No.29295 of 2024(3) dt.03-05-2024 2/3 is further alleged that the daughter of the informant was abused and assaulted by the father-in-law Bino Yadav (petitioner) and the mother-in-law Rabri Devi (petitioner). On 05.12.2021, the daughter of the informant and her daughter became traceless. On information, the informant along with family members went to inlaws house of his daughter and saw that the house was locked. Thereafter, on 08.12.2021, the informant got information that dead body of a lady and a child were lying in the Pokhar. The informant has identified the dead body. It is further alleged that the informant's daughter and his grand-daughter (Natni) were murdered by the petitioners.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. There is general and omnibus allegation against the petitioners. The petitioner no. 1 is the father-in-law and the petitioner no. 2 is the mother-in-law of the deceased. He has further submitted that the petitioners are living separately with the deceased and they have no concern with the alleged offence. It is further submitted that the husband of the deceased is already in custody since 18.09.2023. The petitioners have got no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 18.09.2023.

5. Learned A.P.P. for the State has opposed the bail

Patna High Court CR. MISC. No.29295 of 2024(3) dt.03-05-2024 3/3 petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Banka in connection with Katoriya P.S. Case No. 347 of 2021.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T