Sikandar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34266 of 2022 Arising Out of PS. Case No.-275 Year-2021 Thana- OBRA District- Aurangabad ====================================================== SIKANDAR YADAV S/o Munarik Yadav Resident of Village and PostBharub, P.S.- Obra, District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Malti Kumari For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B read with 34 of the Indian Penal Code and later on Section 302 was added.

As per the prosecution case, the petitioner and coaccused persons with three unknown miscreants are alleged to have committed murder of the informant's sister by strangulating her under conspiracy due to non-fulfillment of

Patna High Court CR. MISC. No.34266 of 2022(3) dt.12-08-2022 2/3 demand of Rs. 1 lacs and a four wheeler vehicle as dowry. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner is not an in-law of the deceased rather he is a friend of the husband of the deceased. The petitioner has neither demanded the dowry nor has tortured the informant. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.03.2022. The other co-accused person has already been granted bail by this court below vide order dated 04.08.2022 passed in Criminal Misc. No. 21123 of 2022.

Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the bail petition of the petitioner and submitted that the petitioner is a supari killer. Considering the aforesaid facts and circumstances as well as the fact that the petitioner is not relative of the husband, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Daudnagar

Patna High Court CR. MISC. No.34266 of 2022(3) dt.12-08-2022 3/3 (Aurangabad), in connection with Obra P.S. Case No. 275 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T