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Patna High CourtCR. MISC./5632/2021bail granted

Rajesh Yadav v. The State Of Bihar

2022-01-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5632 of 2021 Arising Out of PS. Case No.-54 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== 1.

RAJESH YADAV S/O LAKSHU YADAV R/O VILLAGE-NIMIATAD, P.SBARACHATTI, DISTT-GAYA 2.

FULWA DEVI @ FUL DEVI W/O- RAJESH YADAV R/O VILLAGENIMIATAD, P.S-BARACHATTI, DISTT-GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Kant Singh, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defect(s) as pointed out by the office when called upon to do so by the office. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

It is a case of dowry death due to not providing a motorcycle as dowry.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that the husband of the deceased, namely, Lallan Kumar has already been granted regular bail by a Co-ordinate

Patna High Court CR. MISC. No.5632 of 2021(3) dt.12-01-2022 2/2 Bench of this Court passed in Cr. Misc. No. 14639 of 2021 vide order dated 10.09.2021 and the case of these petitioners also stands on similar footing. He further submits that petitioner no.1 is father-in-law and petitioner no.2 is mother-in-law of the deceased and they have no concern with the mess and business of the deceased and her husband.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

From perusal of the case diary, it appears that there is no allegation against the petitioners.

In the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghatti, Gaya in connection with Barachatti P.S. Case No. 54 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) brajesh kumar/- U