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Patna High CourtCR. MISC./38914/2022allowed

Bindeshwar Yadav @Dinesh Yadav v. The State Of Bihar

2022-11-15Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38914 of 2022 Arising Out of PS. Case No.-282 Year-2021 Thana- NAWADA MUFFASIL District- Nawada ====================================================== 1.

BINDESHWAR YADAV @DINESH YADAV Son of Brahamdeo Yadav Resident of Village - Trilokibigha, P.s.- Muffasil, Distt.- Nawada. 2.

Ramratiya Devi W/o Bindeshwar Yadav @ Dinesh Yadav Resident of Village - Trilokibigha, P.s.- Muffasil, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad. Adv.

For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP.

Mr. Shankar Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-11-2022 Heard the parties.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

Petitioners apprehend their arrest in a case registered for offence punishable u/s 304B/34 IPC.

The petitioners along with other co-accused are said to have committed torture upon the complainant's sister mentally and physically for non-fulfillment of demand of dowry and ultimately they murdered her.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case being the parents of husband of the deceased. No such occurrence, in the manner as alleged, has ever taken place. The allegation against the

Patna High Court CR. MISC. No.38914 of 2022(2) dt.15-11-2022 2/2 petitioners are general and omnibus. There is no specific allegation against the petitioners. It is further submitted that petitioners are living separately from their son and deceased from 4 years. They have no knowledge of the incident. Learned counsel for the petitioner further submitted that husband of the deceased is already in judicial custody. Petitioners have no criminal antecedent.

Learned APP for the State and learned counsel for the informant opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since husband of the deceased has surrendered, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Muffasil P.S. Case No.282 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T