Lalbesar Yadav @ Lalveshar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41151 of 2024 Arising Out of PS. Case No.-18 Year-2024 Thana- ANTI District- Gaya ====================================================== 1.
Lalbesar Yadav @ Lalveshar Yadav S/O Salik Yadav @ Shalik Yadav R/O Village- Simaura, Simrahua, P.S- Aanti, Distt.- Gaya (BIHAR).
2.
Bineshar Yadav @ Vineshwar Yadav S/O Salik Yadav @ Shalik Yadav R/O Village- Simaura, Simrahua, P.S- Aanti, Distt.- Gaya (BIHAR).
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar Singh, Advocate For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-06-2024
1. Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The accused/petitioners seek bail in connection with Aanti P.S. Case No. 18 of 2024 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code
3. The petitioners named in the FIR and are in
2/4 custody since 16.02.2024.
4. Allegation against the petitioners is to commit the murder of the daughter of informant, where petitioner no. 1 is father-in-law and petitioner no. 2 is cousin father-in-law of the deceased, where occurrence is alleged to be arises out of matrimonial discord.
5. It is submitted by learned counsel for the petitioners that FIR itself suggest that the health of deceased deteriorated due to diarrhoea, which was duly informed to informant over phone but he failed to visit the house of petitioners. It is submitted that there is no allegation of demand of dowry, as it appears from the face of FIR itself. It is pointed out that alleged marriage was solemnized 15 years earlier to the occurrence, where deceased was the mother of five daughters and one son. It is pointed out that mere on the basis of suspicion as raised by different co-villagers without any incriminating materials, the petitioners were falsely implicated out of relations, who are otherwise nowhere
3/4 connected with daily and domestic affairs of the deceased and her husband. While concluding the arguments, it is submitted that both petitioners are of clean antecedents, and, moreover investigation of this case has been completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.
6. Learned APP opposes the prayer of bail.
7. Considering the facts and circumstances as mentioned above as both petitioners are in-laws, where there is no demand of dowry as it appears from the facial perusal of FIR itself, coupled with the fact that charge-sheet has already submitted, where petitioners are in custody since 16.02.2024, accordingly, both petitioners, above-named, are directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Gaya/concerned court in connection with Aanti P.S. Case
4/4 No. 18 of 2024 subject to the conditions as laid down under Section 437(3) of the CrPC.
(Chandra Shekhar Jha, J) veena/suruchiU T