Dhurendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47017 of 2022 Arising Out of PS. Case No.-47 Year-2022 Thana- LAURIA District- West Champaran ====================================================== Dhurendra Yadav Son Of Rama Yadav Resident Of Village - Sauraha, Police Station - Lauriya, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The prosecution case in nutshell is that informant's daughter was married to the petitioner 16 years back. It is also alleged that she was tortured by the petitioner and co-accused persons and lastly, they killed her by pressing her neck.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.47017 of 2022(3) dt.04-02-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is no eye witness of the alleged occurrence. The daughter of the deceased, namely, Nisha Kumari, who was sleeping with her mother has also not stated about the complicity of the petitioner in this offence. In the inquest report, no injury was found except to an impression of strangulation but in the postmortem report, there was head injury caused by hard and blunt substance. It is also submitted that a joint compromise petition has been filed. petitioner is languishing in judicial custody since 20.2.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail and submitted that petitioner is the husband of deceased. It is also submitted that from perusal of the postmortem report, mentioned in para 50 of the Case Diary, it is evident that injury is caused by hard and blunt substance. Having heard learned counsel for the parties

Patna High Court CR. MISC. No.47017 of 2022(3) dt.04-02-2023 3/3 and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Lauriya P.S. Case No. 47 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 1st, Bettiah, West Champaran.

(Sunil Kumar Panwar, J) nirajkrs/- U T