Nandji Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40684 of 2023 Arising Out of PS. Case No.-72 Year-2022 Thana- AZIMABAD District- Bhojpur ====================================================== NANDJI YADAV SON OF LATE SHANKAR YADAV VILLAGE DIHRA, PS- AZIMABAD, DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Azimabad P.S. Case No. 72 of 2022 dated 28.10.2022 registered for the offences punishable u/s 498A, 304B of the Indian Penal Code and Section 3/4 of the D.P. Act.

As per the prosecution case, the petitioner and the other co-accused persons are alleged to have murdered the daughter of the informant due to non-fulfilment of demand of dowry.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.40684 of 2023(2) dt.28-06-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner neither demanded dowry nor tortured the daughter of the informant. The petitioner is the father-in-law of the deceased. The petitioner used to live separately and he had no concern with the family affairs of the deceased. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.4.2023. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Ara (Bhojpur) in connection with Azimabad P.S. Case No. 72 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T