Arjun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39848 of 2022 Arising Out of PS. Case No.-569 Year-2021 Thana- NARPATGANJ District- Araria ====================================================== ARJUN YADAV S/O Panna Chand Yadav Resident of Village - Madhura Dakshain, Ward No. 9, P.S- Narpatganj, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 18-10-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in Narpatganj P.S. Case No. 569 of 2021 registered for the offences punishable under sections 304 (B)/34, 328 of the Indian Penal Code. As per the allegation, the petitioner who happens to be the father-in-law of the deceased, his family members always mentally and physically tortured the victim for the demand of one lakh rupees and a motorcycle. The main submissions advanced by learned counsel Shri Gopal Kumar Jha appearing for the petitioner

Patna High Court CR. MISC. No.39848 of 2022(3) dt.18-10-2022 2/3 are that the petitioner is father-in-law of the deceased, against him there is no specific allegation in the FIR and the FIR clearly shows that the petitioner and his family members took the victim to the hospital and got her admitted after the victim had taken poison and the said conduct shows the petitioner and his family members' bonafide intention.

Shri Nagendra Prasad, learned APP appearing for the State has opposed the prayer for bail. Heard both the sides and perused the FIR. The petitioner happens to be the father-in-law of the deceased. Against him there is no specific allegation of torturing the deceased for the demand of dowry in the FIR. The FIR goes to show that the petitioner and his family members took the victim to the hospital when she was unconscious and the said conduct goes in favour of the petitioner and he has been languishing in jail since 08.03.2022.

Considering these facts, in the opinion of this Court the petitioner deserves to a lenient approach of this Court. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.39848 of 2022(3) dt.18-10-2022 3/3 sureties of the like amount each to the satisfaction of the C.J.M., Araria in Narpatganj P.S. Case No. 569 of 2021. (Shailendra Singh, J) Hassan/maynaz/- U T