Om Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.976 of 2021 Arising Out of PS. Case No.-77 Year-2020 Thana- GWALPARA District- Madhepura ====================================================== 1.

OM PRAKASH YADAV S/o Late Shambhu Yadav 2.

KUNDAN KUMAR S/o Visho Yadav R/o Village- Ghoghanpatti, P.S.- Saur Bazar, Distt- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra, Adv.

For the Informant Mr. Pawan Kumar, Adv.

For the State Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-06-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. The petitioners seek bail in a case registered for the offence punishable under Sections 304B, 201, 120B,34 of the Indian Penal Code.

The petitioners in association of his family members used to torture the victim of non-fulfillment of dowry demand. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that petitioner no. 1 is the Devar of the deceased whereas petitioner no. 2 is the neighbor of petitioner no. 1. He submits that there is general and omnibus allegation against the petitioners. He further submits that petitioners are

Patna High Court CR. MISC. No.976 of 2021(6) dt.21-06-2021 2/2 languishing in judicial custody since 17.06.2020. However, learned APP for the State opposes the prayer for bail submitting that husband of the deceased has not surrendered before the court.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioners on bail. Accordingly, the prayer for bail of the petitioners is rejected in connection with Gwalpara (Arar) P.S. Case No. 77 of 2020 pending before the court of the learned Chief Judicial Magistrate, Madhepura. Accordingly, this application is dismissed.

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