Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48686 of 2021 Arising Out of PS. Case No.-174 Year-2019 Thana- DHURAIYA District- Banka ====================================================== 1.

Upendra Yadav Son of Visha Yadav Resident of Village - Chhapra, P.S. Basantray, District - Godd.

2.

Futal Yadav @ Mohan Yadav Son of Shildhar Yadav Resident of village - Amjora, P.S. Dhoraiya, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad, Adv.

For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-05-2022 Heard Mr. Brij Nandan Prasad, learned Advocate for the petitioners and learned Additional Public Prosecutor representing the State.

The petitioners seek bail in connection with Dhoraiya P.S. Case No. 174 of 2019 dated 10.09.2019 instituted for the offences under Sections 302/34 of the Indian Penal Code. The petitioners are the maternal uncle and younger brother of the husband of the deceased respectively. It has been submitted on behalf of the petitioners that the accusation is absolutely general and omnibus and has got no legs to stand.

The husband of the deceased is in custody since

Patna High Court CR. MISC. No.48686 of 2021(2) dt.24-05-2022 2/2 23.11.2019.

The petitioners had no connection with the affairs of the deceased or her husband. Merely because of their relationship with the husband of the deceased that they have been implicated in the present case.

The petitioners are in custody since 14.01.2021 and 17.01.2021 respectively and there is no substantial progress in the case uptill now. The trial has also not even been commenced.

Considering the aforenoted arguments, the petitioners are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Dhoraiya P.S. Case No. 174 of 2019.

(Ashutosh Kumar, J) rishi/- U T