Jalendra Yadav @ Jalandhar Kumar @ Jalandhar Ranjan Kumar Prabhakar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48486 of 2023 Arising Out of PS. Case No.-25 Year-2023 Thana- SIGAUDI District- Patna ====================================================== 1.
Jalendra Yadav @ Jalandhar Kumar @ Jalandhar Ranjan Kumar Prabhakar Son of Ramji Yadav @ Ramji Prasad Resident of village - Murar Chak, P.S. - Shigori, Distt. - patna 2.
Anju Devi @ Anju Kumari Wife of Jalendra Yadav @ Jalandhar Kumar @ Jalandhar Ranjan Kumar Prabhakar Resident of village - Murar Chak, P.S. - Shigori, Distt. - patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parashuram Singh, Adv.
For the Opposite Party/s :
Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-08-2023 Heard the learned counsel for the petitioners and learned APP for the State.
This is an application for grant of anticipatory bail in connection with Sigori P.S. Case No.25 of 2023, registered for offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.
The allegation is regarding the marriage of the deceased victim lady, having been solemnized with one Dharmendra Yadav, about six years back, whereafter, she had gone to her
2/4 matrimonial home, however, subsequently, the accused persons, including the petitioner herein, started torturing her on account of non-fulfillment of the demand for dowry and then they had killed her.
The learned counsel for the petitioners has submitted that the petitioners are innocent and they have been falsely implicated in the present case.
The learned counsel for the petitioners has further submitted that though the petitioner no.2 is having a clean antecedent, however the petitioner no.1, is an accused in one another case, but he is on bail in the said case. It is also submitted that the main accused i.e. the husband of the deceased victim lady is in custody, which can be verified by the learned trial Court, hence, no prejudice would be caused to the prosecution, in case the petitioners are granted the privilege of anticipatory bail.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and
3/4 circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner no.1, is the elder brother-in-law of the deceased victim lady, while the petitioner no.2, is his wife and a general and an omnibus allegation has been levelled against them, apart from the fact that it is the categorical statement of the learned counsel for the petitioners that the main accused that is the husband of the deceased victim lady is in custody, though, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail, however, subject to verification of the fact as to whether the husband of the deceased victim lady is in custody or not, by the learned Judicial Magistrate, Danapur, Patna in connection with Sigori P.S. Case No.25 of 2023 and further subject to imposition of such other conditions as may be deemed fit and proper to be imposed by the learned Trial Court for the purposes of grant of anticipatory bail to the petitioners
4/4 herein.
The present petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) sonal/- U T