Raju Yadav @ Ravi Nandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31153 of 2021 Arising Out of PS. Case No.-813 Year-2020 Thana- PATRAKARNAGAR District- Patna ====================================================== 1.

RAJU YADAV @ RAVI NANDAN KUMAR SON OF NAWAL KISHORE YADAV R/O MOHALLA- KANKARBAGH, GATE NO.15, P.S.- PATRAKAR NAGAR, DISTRICT- PATNA.

2.

MONU YADAV @ MONU KUMAR SON OF NAWAL KISHORE YADAV R/O MOHALLA- KANKARBAGH, GATE NO.15, P.S.- PATRAKAR NAGAR, DISTRICT- PATNA.

... ... Petitioners.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioners :

Mr. Durgesh Nandan, Advocate.

For the State :

Mr. Narsingh Tanti, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-09-2021 As prayed for, through Video Conferencing, let the learned counsel for the petitioners remove the defect(s), as pointed out by the office vide its notes dated 01/02.06.2021, within four weeks of starting of the Court proceeding in physical mode in normal course.

At the very outset, learned counsel for the petitioners, through Video Conferencing, submits that the petitioner no.1, namely, Raju Yadav alias Ravi Nandan Kumar, has already been arrested by the police in this case and, as such, this application, in respect of the petitioner no.1, namely, Raju Yadav alias Ravi Nandan Kumar, for granting him the privilege of pre-arrest bail

2/4 has become infructuous and seeks permission to withdraw this application in respect of the petitioner no.1, namely, Raju Yadav alias Ravi Nandan Kumar.

Permission is accorded.

This application, in respect of the petitioner no.1, namely, Raju Yadav alias Ravi Nandan Kumar, is dismissed as withdrawn.

Now, only the prayer of the petitioner no.2, namely, Monu Yadav alias Monu Kumar, for granting him the privilege of pre-arrest bail is being considered, through Video Conferencing.

Heard learned counsel for the petitioner no.2, namely, Monu Yadav alias Monu Kumar, and the learned A.P.P. for the State, through Video Conferencing.

The petitioner no.2, namely, Monu Yadav alias Monu Kumar, apprehends his arrest in connection with Patrakar Nagar P.S. Case No.813 of 2020 registered under Sections 304(B)/34 of the Indian Penal Code.

The accusation is that the informant Parmeshwar Rai performed the marriage of his daughter in the month of April, 2016, with Sonu Kumar Yadav alias Ashish Kumar, son of Nawal Yadav, at Mahadeo Mandir, Agamkuan, Patna. After

3/4 marriage, while the daughter of the informant was kept properly for sometime at her Sasural but, thereafter, the daughter of the informant was being tortured by her sasural people, who used to oust her from the sasural house for demand of cash Rs.50,000/- in dowry. In the meantime, the daughter of the informant was blessed with a male issue but in spite of that the daughter of the informant was ousted from her sasural house for non-fulfillment of the dowry demand of cash Rs.50,000/- On 16.12.2020, the informant sent his daughter at her sasural but on 20.12.2020, the informant received information from his son-in-law Sonu Yadav about the death of his daughter. Thereafter, the informant went at the sasural house of his daughter and found his daughter lying dead on a bed.

Learned counsel for the petitioner no.2, namely, Monu Yadav alias Monu Kumar, submits that the petitioner no.2, namely, Monu Yadav alias Monu Kumar, is the brother-inlaw (Dewar) of the deceased, the daughter of the informant, and he has falsely been implicated in this case as he used to reside separate with Sonu Kumar Yadav alias Ashish Kumar, the husband of the deceased, the daughter of the informant. Further submission is that Sonu Kumar Yadav alias Ashish Kumar, the husband of the deceased, the daughter of the informant, is

4/4 already in custody since 19.01.2021.

Having considered the facts and the circumstances of the case, let the petitioner no.2, namely, Monu Yadav alias Monu Kumar, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Judge-cum-Additional Chief Judicial Magistrate-VIII, Patna, in connection with Patrakar Nagar P.S. Case No.813 of 2020, subject to the conditions laid down under Section 438(2) Cr.P.C.

Accordingly, this application stands disposed of. (Rajendra Kumar Mishra, J) P.S./- U T