Baliram Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48079 of 2023 Arising Out of PS. Case No.-94 Year-2021 Thana- MANJHAGARH District- Gopalganj ====================================================== BALIRAM YADAV S/O LATE RAGHAV YADAV R/O VILLAGEDHARAMPARSA AHIRTOLI, PS. MAJHAGARH, DIST. GOPALGANJ ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Choudhary, Advocate.
For the Opposite Party/s :
Mr.Aditya Narayan Singh.1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-08-2023 Heard Mr. Anil Kumar Choudhary, learned counsel for the petitioner and Mr. Aditya Narayan Singh, learned Additional Public Prosecutor appearing for the State.
2. Petitioner apprehends his arrest in connection with Majhagarh P.S. Case No. 94 of 2021 dated 24.3.2021 registered for the offence punishable under Sectiond 304-B/34 of the Indian Penal Code.
3. As per the First Information Report, the marriage of the cousin of the informant was solemnized with co-accused Vinay Kumar Yadav on 16.02.2017 and after sometime of the marriage, the accused persons started demanding a sum of Rs.2,00,000/- as dowry and due to non-fulfillment of the said demand, the cousin sister of the informant was killed by the accused persons.
Patna High Court CR. MISC. No.48079 of 2023(2) dt.23-08-2023 2/3
4. Learned counsel for the petitioner submits that petitioner has not committed any offence as alleged and entire family members have been made accused on the basis of general and omnibus allegation. He next submits that mother-in-law of the deceased Laljhari Devi has been granted anticipatory bail by a coordinate Bench of this Court in Cr. Misc. 46489 of 2021. The petitioner is elder brother-in-law of the deceased (Bhainsur) and one of the Bhainsur Rajesh Yadav has been granted regular bail by a co-ordinate Bench of this Court. The husband of the deceased is in jail.
5. Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that the allegation against the petitioner is general and omnibus in nature, the petitioner is elder brother-in-law of the deceased, mother-in-law and other female members have been granted anticipatory bail by a co-ordinate Bench of this Court, I am inclined to grant anticipatory bail to the petitioner. Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial
Patna High Court CR. MISC. No.48079 of 2023(2) dt.23-08-2023 3/3 Magistrate, Gopalganj, in connection with Majhagarh P.S. Case No. 94 of 2021, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) S.Ali/- U T