Yogendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27147 of 2020 Arising Out of PS. Case No.-30 Year-2020 Thana- KHIRI MORE District- Patna ====================================================== YOGENDRA YADAV Son of Late Ram Chandra Yadav Resident of VillageRaghunathpur, P.S.- Khiri More, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== WITH CRIMINAL MISCELLANEOUS No. 7244 of 2021 Arising Out of PS. Case No.-30 Year-2020 Thana- KHIRI MORE District- Patna ====================================================== Mani Lal Yadav Son of Yogendra Yadav R/O Village- Raghunathpur, P.S.- Khiri More, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
(In Criminal Miscellaneous No. 27147 of 2020 & In Criminal Miscellaneous No. 7244 of 2021) For the Petitioner/s :
Mr.Ashok Kumar Sinha, Advocate.
For the Opposite Party/s :
Mr. Anuj Kumar Srivastava, APP For the Informant : Mr. Chandra Has Mishra, Advocate. Mr. Lakshman Lal Pandey, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-02-2021 As both the anticipatory bail applications have cropped up from the same police station case number, hence the aforesaid two applications are being heard together and disposed of by this common order.
Heard learned counsel for the petitioners, learned
Patna High Court CR. MISC. No.27147 of 2020(5) dt.09-02-2021 2/3 counsel for the informant and learned A.P.P. for the State. Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of physical court proceedings. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304 B, 201 and 120B/34 of the Indian Penal Code.
Petitioners in association of his family members are said to have committed murder of daughter of the informant by pouring kerosene oil in the courtyard of their house. 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 merely on suspicion. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The marriage of daughter of the informant was solemnized about 9 years ago from the alleged date of occurrence.
Learned counsel for the informant and learned APP for the State vehemently opposed the bail petition. Having regard to the facts and circumstances of the
Patna High Court CR. MISC. No.27147 of 2020(5) dt.09-02-2021 3/3 case, as petitioner Yogendra Yadav is the father-in-law of the deceased, let petitioner Yogendra Yadav be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1stClass, Danapur, Patna in connection with Khiri More P.S. Case No.30 of 2020, subject to the condition as laid down Section 438 (2) of the Cr.P.C. Considering the facts and circumstances of case and particularly the fact that petitioner Mani Lal Yadav is the husband of the deceased, I am not inclined to enlarge him on anticipatory bail.
The prayer for anticipatory bail of the petitioner Mani Lal Yadav is hereby rejected. However, he is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order.
(Anjani Kumar Sharan, J.) Trivedi/- U T