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Patna High CourtCR. MISC./34575/2023allowed

Dilip Yadav v. The State Of Bihar

2023-07-12Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34575 of 2023 Arising Out of PS. Case No.-6 Year-2023 Thana- DHURAIYA District- Banka ====================================================== DILIP YADAV S/o- RAMDEO YADAV Village- Mahila Ps- Dhoraiya DistBanka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Davendra Kumar Pandey For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-07-2023 Heard learned counsel for petitioner and learned Additional Public Prosecutor.

Let the defect(s), if any, be removed within a period of four weeks from today.

This application is filed for grant of regular bail in connection with Dhoraiya P.S. Case No. 06/2023 registered under section 302, 201, 120(B) of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner namely Dilip Yadav is the father of petitioner Priya Kumari. These two petitioners along with Sunni Kumar Yadav and Piyush Kumar Yadav are suspected to have killed the deceased who was having affair with Priya Kumari. Except for suspicion no material has come during the investigation. Moreover, Sunni Kumar Yadav and Piyush Kumar Yadav have been granted bail by a coordinate Bench of this Court. Learned APP have vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.34575 of 2023(2) dt.12-07-2023 2/2 Considering the submission made by the learned counsel for the petitioner, this application for regular bail is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Dhoraiya P.S. Case No. 06/2023 subject to following condition.

1. One of the bailors shall be either father or mother or sister or brother or wife of the person who has sworn the affidavit in bail application.

2. Petitioner will co-operate in trial and will remain present on the dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial Court itself.

3. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Sandeep Kumar, J) Sunnykr/- U T