Laxman Yadav @ Laxman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29998 of 2023 Arising Out of PS. Case No.-425 Year-2021 Thana- SAHARSA SADAR District- Saharsa ====================================================== LAXMAN YADAV @ LAXMAN YADAV LATE MUNGA LAL PRASAD YADAV Resident of Village-Patuaha, Tola, Thuthi, Ward No.-36, P.S.- Saharsa, Distt-Saharsa.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Sachin Yadav Son Of Late Buchho Yadav Resident of Village-Sattar TolaChhippa, Ward No-06, P.S. Bihra, Distt-Saharsa. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 307, 302, 328, 498(A)/34 of the Indian Penal Code.

Allegation against the accused persons including the petitioner is of administering poison and causing death of the maternal grand daughter of the informant due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The petitioner happens to be grand father of the deceased. He is separate from mess

Patna High Court CR. MISC. No.29998 of 2023(2) dt.07-07-2023 2/2 and property from father of the deceased. He has got no concern with the alleged occurrence. There is no eye witness to the alleged occurrence. The father of the deceased is in custody. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Saharsa Sadar P.S. Case No. 425 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The petitioner is directed to co-operate during the trial. If the petitioner does not co-operate during the trial, the Court below will be at liberty to cancel the bail bonds of the petitioner. (Sudhir Singh, J) A.K.V.//VikashU T