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Patna High CourtCR. MISC./39181/2022bail granted

Ganesh Yadav v. The State Of Bihar

2022-12-06Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39181 of 2022 Arising Out of PS. Case No.-569 Year-2021 Thana- NARPATGANJ District- Araria ====================================================== GANESH YADAV S/O PANACHAND YADAV Resident of Madhura South, Ward No.- 9, P.S.- Narpatganj, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Choubey, Advocate For the Opposite Party/s :

Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 328, 304(B) and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that her daughter was married to Amit, after marriage the accused persons were demanding dowry of Rs. 1 lakh and a motorcycle, further alleges that on account of non-fulfillment of dowry demand she came to know that her daughter was poisoned and died during course of treatment.

Patna High Court CR. MISC. No.39181 of 2022(2) dt.06-12-2022 2/3 Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that petitioner is in no way related to the husband of the deceased and as such he came to be implicated merely because he was neighbour and known to the husband of the deceased, it is also submitted that informant is not an eye-witness to the occurrence and has also alleged that she died during the course of treatment, it is thus submitted that it does not appear probable that if the family members of the deceased would have poisoned her then definitely they would not have taken her to hospital for treatment.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the

Patna High Court CR. MISC. No.39181 of 2022(2) dt.06-12-2022 3/3 case is pending/successor court in connection with Narpatganj P.S. Case No. 569 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T