Sukhdeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41645 of 2021 Arising Out of PS. Case No.-43 Year-2021 Thana- ATRI District- Gaya ====================================================== 1.

SUKHDEO YADAV Son of Late Shri Yadav Resident of Village - Money Bigha, P.S.- Atri, District - Gaya.

2.

Kranti Devi @ Kanti Devi Wife of Sukhdeo Yadav Resident of Village - Money Bigha, P.S.- Atri, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2022 Heard.

The petitioners seek regular bail in connection with Atri P.S. Case No. 43 of 2021, registered for the offence punishable under Section 302/34 of the Indian Penal Code. The allegation is regarding the accused persons including the petitioners herein having killed the sister of the informant on account of non-fulfillment of demand for dowry. The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case, are having a clean antecedent and they are languishing in custody since 14.02.2021. The learned counsel for the petitioners has further submitted that the petitioners are the father-in-law and mother-in-law of the deceased victim lady and the husband, who is alleged to be the main accused person,

Patna High Court CR. MISC. No.41645 of 2021(2) dt.03-01-2022 2/2 is already in custody, hence no prejudice would be caused in case bail is granted to the petitioners herein. The learned counsel for the petitioners has further submitted that a general and omnibus allegation has been levelled qua the petitioners herein. Per contra, the learned APP appearing for the State has vehemently opposed the prayer for regular bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that a general and omnibus allegation has been levelled against all the accused persons and the husband of the deceased victim lady is behind bars, this Court finds that no prejudice would be caused to the prosecution in case bail is granted to the petitioners herein. Hence, I deem fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.XIII, Gaya in connection with Atri P.S. Case No. 43 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T