Lambodar Yadav @ Satish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31566 of 2023 Arising Out of PS. Case No.-94 Year-2022 Thana- SONBERSA District- Saharsa ====================================================== LAMBODAR YADAV @ SATISH YADAV Son of Chandra Kishore Yadav Resident of village - Parbaha, ward no. 10, P.S. - Sonbarsa Raj, Distt. - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 328 and 302/34 of the Indian Penal Code.

3. The sister of the informant is said to have been killed by the petitioner in association of his family members by administering her poison.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case as he is the husband of the deceased. As a matter of fact, the petitioner was not present at the time and place of occurrence rather he was at Chandigarh.

Patna High Court CR. MISC. No.31566 of 2023(2) dt.17-07-2023 2/2 It is further submitted that from perusal of para-10 of the case diary, it appears that the deceased has herself consumed poison. It is further submitted that the police after investigation has submitted the charge sheet under Section 498A and 306/34 of the Indian Penal Code. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Having regard to the facts and circumstances of the case and the fact that the charge sheet has been submitted under Section 498A and 306/34 of the Indian Penal Code, 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 satisfaction of the learned Court below where the case is pending/successor Court in connection with Sonbarsa Raj P.S. Case No. 94 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T