Bijendra Yadav @ Bijendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27909 of 2023 Arising Out of PS. Case No.-77 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== Bijendra Yadav @ Bijendra Singh, S/o Nagina Yadav @ Nagina Singh, R/o Village- Mogalpura, P.S- Bakhtiyarpur, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Durgesh Nandan, Advocate Ms. Manisha Prakash, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-09-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Bakhtiyarpur P.S. Case no. 77 of 2020 registered under section 364 of the Indian Penal Code to which sections 306 and 201/34 of the Indian Penal Code were added subsequently.

3. As per the prosecution case, it is stated by the informant that his daughter was married to the petitioner herein. The accused persons including the petitioner herein tortured his daughter for dowry etc. In course of time, she gave birth to three daughters. It is further stated that on 9.3.2020, he got information from the villagers to the effect that the accused

Patna High Court CR. MISC. No.27909 of 2023(3) dt.11-09-2023 2/3 persons had killed his daughter and had disposed of her body.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case only on account of his being the husband of the deceased. The daughter of the informant being a lady of short temper, committed suicide. The allegations are general and omnibus in nature. Admittedly, the informant is not an eye-witness to the occurrence. A number of co-accused have been enlarged on anticipatory bail and the copies of the order have been brought on record as Annexure-2 series to the petition. The petitioner undertakes to cooperate in the trial/case in the learned Court below.

5. The application for anticipatory bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the accused persons in the F.I.R and the petitioner being the husband of the deceased, the Court is not inclined to enlarge the petitioner on anticipatory bail and the application is rejected.

7. The petitioner is directed to surrender in the learned trial Court within a period of four weeks.

8. In case the petitioner surrenders within a period of

Patna High Court CR. MISC. No.27909 of 2023(3) dt.11-09-2023 3/3 four weeks and prays for regular bail, the same shall be considered by the learned Trial Court without being prejudiced by this order of rejection.

(Partha Sarthy, J) avinash/- U T