Dharamveer Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41588 of 2021 Arising Out of PS. Case No.-51 Year-2020 Thana- GHOSWARI District- Patna ====================================================== Dharamveer Yadav Son of Umesh Yadav Resident of Village- Paijana, Police Station- Ghoswari, Dsitrict- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mrs.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-01-2022 Heard both parties through video conferencing. The petitioner seeks bail in Ghoswari P.S. Case No. 51 of 2020 corresponding to Sessions Trial No. 79/2021, registered for the offence punishable under Sections 302, 201, 120(B), 34 of the Indian Penal Code.

As per the FIR, there was illicit affair between the wife of deceased and Dharamveer Yadav (petitioner). It is further alleged that deceased has tried to persuade his wife to stay away from this petitioner, however, the affair continued and for the same reason wife of deceased Gudiya Devi after hatching up conspiracy killed her husband (deceased). Informant is brother of deceased.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case merely on

Patna High Court CR. MISC. No.41588 of 2021(3) dt.24-01-2022 2/2 suspicion. Co-accused Gudiya Devi has been granted bail by a coordinate Bench of this Court vide order dated 10.08.2021 passed in Cr. Misc. No. 12391 of 2021 on whose confession name of this petitioner transpired in this case. Moreover, there is delay of seven days in lodging of the FIR for which there is no plausible explanation. Petitioner claims clean antecedent and he is in custody since 05.07.2020.

Considering the facts and circumstances of the case and the fact that similarly situated co-accused has been granted bail by this Court, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge Vth, Barh, Patna in connection with Ghoswari P.S. Case No. 51 of 2020 corresponding to Sessions Trial No. 79/2021. (Prabhat Kumar Singh, J) vinita/- U T