Dhananjay Yadav @ Dhananjay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37941 of 2023 Arising Out of PS. Case No.-433 Year-2021 Thana- SIWAN MUFFASIL District- Siwan ====================================================== DHANANJAY YADAV @ DHANANJAY KUMAR YADAV S/O RAJ NARAYAN YADAV R/O- Majhwa PS.Siwan Muffasil Dist. Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in Sessions Trial No. 313 of 2022 arising out of Siwan Muffasil P.S. Case No. 433 of 2021 dated 06.09.2021 registered for the offences punishable u/ss 498A, 304B read with section 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and the coaccused persons are alleged to have strangulated the informant's daughter to death due to non-fulfillment of demand of a bullet motorcycle as dowry.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner neither demanded any dowry nor tortured her. There is general and omnibus allegation against the petitioner. The

Patna High Court CR. MISC. No.37941 of 2023(2) dt.28-06-2023 2/2 petitioner is the husband of the deceased. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 30.05.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody and the allegation being general and omnibus, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Siwan in Sessions Trial No. 313 of 2022 arising out of Siwan Muffasil P.S. Case No. 433 of 2021 , with the condition/s:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

The application stands allowed.

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