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Patna High CourtCR. MISC./24472/2023bail granted

Awadhesh Yadav @ Awadhesh Kumar v. The State Of Bihar

2023-07-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24472 of 2023 Arising Out of PS. Case No.-290 Year-2022 Thana- KAKO District- Jehanabad ====================================================== 1.

AWADHESH YADAV @ AWADHESH KUMAR SON OF LATE JANAK YADAV Resident of village - Islamchak, P.S. - Kako, Distt. - Jehanabad 2.

PINKI KUMARI D/O AWADHESH YADAV @ AWADHESH KUMAR Resident of village - Islamchak, P.S. - Kako, Distt. - Jehanabad 3.

RAHUL KUMAR SON OF AWADHESH YADAV @ AWADHESH KUMAR Resident of village - Islamchak, P.S. - Kako, Distt. - Jehanabad 4.

AKHILESH YADAV @ AKHILESH PRASAD SON OF PYARE YADAV Resident of village - Islamchak, P.S. - Kako, Distt. - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-07-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under Section 304B/34 of the Indian Penal Code and u/s 3⁄4 of Dowry Prohibition Act.

3. It is a case of dowry death.

4. Petitioner No.1 is father-in-law, petitioner No.2 is sister-in-law and petitioner No.3 is brother-in-law of the deceased whereas petitioner No.4 is brother-in-law of petitioner No.1.

Patna High Court CR. MISC. No.24472 of 2023(3) dt.28-07-2023 2/2

5. Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. It is further submitted that thrust of accusation is against the husband of the deceased, who is in custody since 20/07/2023 and so far these petitioners are concerned, allegation is general and omnibus. Petitioners are separate from the deceased in mess and property. Petitioners have got clean antecedent.

6. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

7. Considering the facts of the case and clean antecedent of the petitioner, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of SDJM, Jehanabad in connection with Kako PS case No. 290/ 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T