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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39148 of 2023 Arising Out of PS. Case No.-273 Year-2020 Thana- HUSSAINGANJ District- Siwan ====================================================== NAGENDRA YADAV @ NAGENDRA KUMAR YADAV Son of Babu Ram Yadav Resident of village - Barka Tarila, P.S. - M.H. Nagar, Distt. - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udit Narayan Singh For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 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 A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Hussainganj (M.H. Nagar) P.S. Case No. 273 of 2020 dated 30.9.2020 registered for the offences punishable u/s 498A, 304B, 201/34 of the Indian Penal Code and Section 3/4 of the D.P. Act.

As per the prosecution case, the petitioner and the other co-accused persons are alleged to have killed the sister of

Patna High Court CR. MISC. No.39148 of 2023(2) dt.28-06-2023 2/3 the informant due to non-fulfilment of demand of 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 dowry nor murdered the sister of the informant. Learned counsel has further submitted that the informant has stated in her deposition (Annexure-2 ) that her sister died due to her old ailment. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 1.10.2020.

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, the petitioner abovenamed, 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 connection with Hussainganj (M.H. Nagar) P.S. Case No. 273 of 2020 with the condition :

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 bonds of the petitioner is liable to be cancelled.

Patna High Court CR. MISC. No.39148 of 2023(2) dt.28-06-2023 3/3 The application stands allowed.

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