Wakil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27499 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== WAKIL YADAV Son of Late Soharai Yadav R/V- Bhadwar Ikka Bhagat Tola, PS- Chandi Dist- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jagnarayan Yadav Son of Late Tajiya Yadav R/V- Bampali, PS- Udwant Nagar, Dist- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Chandi P.S. Case No. 02 of 2023 dated 02.01.2023 registered for the offences punishable u/s 304B read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the coaccused persons are alleged to have strangulated the daughter of the informant to death due to non-fulfillment of demand of a motorcycle as dowry.

5. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.27499 of 2023(3) dt.16-08-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The petitioner is the father-in-law of the deceased. There is general and omnibus allegation against the petitioner. The petitioner never demanded any dowry nor tortured the deceased. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 24.07.2023 passed in Cr. Misc. No. 33236 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.01.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur, Ara in connection with Chandi P.S. Case No. 02 of 2023.

8. The application stands allowed.

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