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Patna High CourtCR. MISC./25827/2020bail granted

Arvind Yadav v. The State Of Bihar

2020-10-19Mr. Justice Birendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25827 of 2020 Arising Out of PS. Case No.-239 Year-2018 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== 1.

ARVIND YADAV, Son of Late Bisho Yadav 2.

S.P. Kumar, Son of Arvind Yadav 3.

Dilkhush Kumar, Son of Arvind Yadav All Residents of Village - Sadpur, P.S. - Sahebpur Kamal, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Sufiyan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-10-2020 The matter has been taken up through virtual Court proceeding.

Let the defect, if any, be removed within fifteen days of the start of the physical Court.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

The police lodged FIR of the present case on recovery of dead body of a female. After one year of the occurrence, the paternal family of the victim lodged complaint with the police

Patna High Court CR. MISC. No.25827 of 2020(2) dt.19-10-2020 2/3 that the victim was done to death for non-fulfillment of dowry demand. Husband of the victim is already in custody. His confessional statement is there. Petitioners are family members of the husband.

Submission is that just to pressurize, false case has been lodged. The victim might have died for different reason or might her murder have committed for some different reason. Considering the nature of material, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sahebpur Kamal Police Station Case No. 239 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (b) Both the bailors shall be residents of the territorial

Patna High Court CR. MISC. No.25827 of 2020(2) dt.19-10-2020 3/3 jurisdiction of the learned court below.

(c) The petitioners shall not leave the country without permission of the trial court.

(Birendra Kumar, J) Kundan/- U T