Shravan Yadav @ Shrawan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46026 of 2023 Arising Out of PS. Case No.-44 Year-2023 Thana- BAGHA District- West Champaran ====================================================== 1.

Shravan Yadav @ Shrawan Yadav S/O Late Nathuni Yadav R/O VillagePipra, Ps. Bagaha, Dist. West Champaran 2.

Gayatri Devi W/O Shravan Yadav @ Shrawan Yadav R/O Village- Pipra, Ps. Bagaha, Dist. West Champaran 3.

Sunil Yadav S/O Shravan Yadav @ Shrawan Yadav R/O Village- Pipra, Ps. Bagaha, Dist. West Champaran 4.

Mukesh Yadav @ Mukesh Kumar S/O Shravan Yadav @ Shrawan Yadav R/O Village- Pipra, Ps. Bagaha, Dist. West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

3. Petitioners are said to have committed murder of the daughter of the informant by strangulating her.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. He submits that the petitioner no. 1 is father-in-

Patna High Court CR. MISC. No.46026 of 2023(4) dt.05-10-2023 2/3 law aged about 76 years and petitioner no. 2 is mother-in-law aged about 69 years. Petitioner nos. 3 and 4 are the Dewar of the deceased who are living outside the Bihar with the husband of the deceased. He submits that the deceased and her husband were living separately from his parents after taking his share. He submits that the husband of the deceased, who is not accused in this case has been examined as a witness, has stated before the police that he had separated from his parents just one year after his marriage after taking his total share and after partition, never any quarreling has been occurred between his family with his parents. He submits that the deceased herself committed suicide because as per postmortem report it is revealed that the death is caused due to asphyxia. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the fact that there is no specific over act against the petitioners, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five

Patna High Court CR. MISC. No.46026 of 2023(4) dt.05-10-2023 3/3 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 Bagaha P.S. Case No. 44 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T