Shambhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40129 of 2021 Arising Out of PS. Case No.-111 Year-2020 Thana- RANIYATALAB District- Patna ====================================================== SHAMBHU YADAV Son of Julum Yadav Resident of Village- Budhu Chhapara, P.S.- Rani Talab, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Prasad Yadav, Adv.

For the Opposite Party/s :

Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects as pointed out by the office within a period of four weeks. In the eventuality of non-removal of defects within the stipulated time, office will place the matter before the Bench. The petitioner apprehends his arrest in a case in connection with Rani Talab P.S. Case No.111 of 2020, registered for the offence punishable under Sections 304(B), 201, 34 of the Indian Penal Code.

The allegation against the petitioner is that he along with other named accused persons has killed the daughter of the informant due to non fulfillment of demand of dowry.

Patna High Court CR. MISC. No.40129 of 2021(2) dt.21-03-2022 2/3 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner is the father-in-law of the deceased and the mother-in-law of the deceased has already been enlarged on anticipatory bail vide order dated 21.08.2021 passed in Cr. Misc. No.540/2021 by a co-ordinate Bench of this Court. It is further submitted that the co-accused-husband of the deceased namely Mantosh died during judicial custody in Adarsh Jail Beur. Petitioner has no criminal antecedent, as also mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the similarly situated co-accused has been enlarged on anticipatory bail, let the above named petitioner, 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

Patna High Court CR. MISC. No.40129 of 2021(2) dt.21-03-2022 3/3 satisfaction of the learned court below where the case is pending/Successor Court in connection with Rani Talab P.S. Case No.111 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T