← Library
Patna High CourtCR. MISC./3830/2021bail granted

Prakash Kumar Yadav @ Prakash Kumar v. The State Of Bihar

2021-09-09Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3830 of 2021 Arising Out of PS. Case No.-41 Year-2020 Thana- KATORIYA District- Banka ====================================================== 1.

Prakash Kumar Yadav @ Prakash Kumar, male, aged about 22 years, Son of Jagdeo Yadav.

2.

Pappu Yadav @ Pappu Kumar, male, aged about 18 years, Son of Jagdeo Yadav.

Both are resident of Village - Beloni, Police Station - Katoria, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Adv.

For the Opposite Party/s :

Mr. Uma Shankar Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-09-2021 Heard Mr. Praveen Kumar, the learned Advocate for the petitioners and the learned APP for the State. The petitioners seek bail in anticipation of their arrest in connection with Katoria P.S. Case No. 41 of 2020, dated 12.03.2020, which was instituted for the offences under Sections 302, 201 and 34 of the I.P.C. but in which

Patna High Court CR. MISC. No.3830 of 2021(3) dt.09-09-2021 2/3 case, charge-sheet has been submitted under Section 304-B along with other Sections of the I.P.C.

The petitioners are the younger brothers of the husband of the deceased. The accusation against them is absolutely general and omnibus. The accusation in the F.I.R. is that the deceased was slaughtered by a knife and the dead-body was removed.

It has been submitted on behalf of the petitioners that the deceased and her husband were separate in mess and business for a long time and the petitioners actually do not have any idea as to how the deceased died. It has further been submitted that the father-in-law of the deceased has been granted anticipatory bail by this Court vide order dated 10.08.2021 passed in Cr. Misc. No. 40682 of 2020.

The husband of the deceased, it has been submitted, is in custody.

Regard being had to the facts afore-stated, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of

Patna High Court CR. MISC. No.3830 of 2021(3) dt.09-09-2021 3/3 eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Katoria P.S. Case No. 41 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T