Baidyanath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47076 of 2022 Arising Out of PS. Case No.-89 Year-2022 Thana- BHAGWANPUR District- Begusarai ====================================================== BAIDYANATH YADAV Son of Ramphal Yadav Resident of Village - Mokhtiyarpur Dohra, P.S.- Bhagwanpur, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bhagwanpur PS case no. 89 of 2022 instituted for the offences punishable under Sections 147, 148, 149, 323, 498A, 304(B), 201/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

The allegation is regarding the accused persons including the petitioner herein, who is the father-in-law of the deceased victim lady having killed the deceased victim lady on account of non-fulfilment of the demand for dowry. The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in

Patna High Court CR. MISC. No.47076 of 2022(3) dt.12-01-2023 2/3 the present case, is having a clean antecedent and he is languishing in custody since 08.06.2022. The learned counsel for the petitioner has further submitted that the petitioner has got no role to play in the alleged occurrence, inasmuch as he along with his wife is staying separately from his son and his deceased daughter-in-law. Nonetheless, it is submitted that the petitioner be directed to be granted bail, immediately upon surrender by the main accused i.e. the husband of the deceased victim lady, who is also the son of the petitioner. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record apart from those available in the case diary, this Court deems it fit and appropriate to direct for release of the petitioner on bail, immediately upon surrender by the son of the petitioner, who is also the husband of the deceased victim lady, before the learned court below, subject to such conditions as may be deemed fit and appropriate to be imposed by the learned court of Judicial Magisterial 1st class, Begusarai in connection

Patna High Court CR. MISC. No.47076 of 2022(3) dt.12-01-2023 3/3 with Bhagwanpur PS case no. 89 of 2022.

The present petition stands disposed off with the aforesaid observations and directions.

(Mohit Kumar Shah, J) rinkee/- U T