Jawahir Yadav @ Jawaharlal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29494 of 2024 Arising Out of PS. Case No.-119 Year-2014 Thana- PALIGANJ District- Patna ====================================================== Jawahir Yadav @ Jawaharlal Yadav son of Late Domi Yadav Resident of Village- Pandeyachak, P.S.- Paliganj, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brajbhushan Mishra, Adv.
For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Paliganj P.S. Case No. 119 of 2014 dated 26.05.2014, instituted for the offence punishable under Sections 304(B), 201, 120(B)/34 of the Indian Penal Code.
3. The prosecution case, in short, is that marriage of informant's sister was performed in the year 2008 with Ramadhar Yadav and after some time of her marriage the petitioner and other started demanding dowry and used to assault his sister. It is also alleged that no child was born out of the wedlock and the accused person had performed second marriage of the husband of his sister. The informant further alleged that he suddenly received the
Patna High Court CR. MISC. No.29494 of 2024(2) dt.15-05-2024 2/3 information that his sister has been killed and her dead body has been thrown in the river.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that the case has been lodged in the year 2014 and investigation is still going on. As per the petitioner, neither he is family member nor any relative of the deceased. It is submitted that Ramadhar Yadav has already been granted bail. It is submitted that petitioner is residing separately from Ramadhar Yadav, who is husband of the deceased. The only allegation against the petitioner, is that, the dead body of the deceased was thrown in the Sone river by him along with others. In such view of the matter, only a case under Section 201 of the I.P.C. would be made out against the petitioner, which is bailable. Lastly, it has been submitted that he has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection with Paliganj P.S. Case No. 119 of 2014, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Danapur, Patna, subject to condition as laid down under Section
Patna High Court CR. MISC. No.29494 of 2024(2) dt.15-05-2024 3/3 438(2) of the Cr.P.C..
(Khatim Reza, J) prabhat/- U T