Baliram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52298 of 2022 Arising Out of PS. Case No.-152 Year-2020 Thana- GOVINDGANJ District- East Champaran ====================================================== Baliram Yadav Son Of Nathuni Yadav Resident Of Village- Balahan, P.S. - Govindganj, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 14-02-2023 Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in connection with Sessions Trial No. 30 of 2022 arising out of Govindganj P.S. Case No. 152 of 2020 registered for the offences punishable under Sections 304(B), 341, 323, 504 and 506/34 of the Indian Penal Code.

As per the prosecution, the informant alleged that his sister was killed by her-in-laws including this petitioner and

Patna High Court CR. MISC. No.52298 of 2022(4) dt.14-02-2023 2/3 when the informant reached at the place he saw that his sister's in-laws were cremating the body of the victim. It is further alleged that the accused persons killed the informant's sister over a dowry demand of five lakh rupees.

The main submissions advanced by learned counsel Mr. Binay Kumar, appearing for the petitioner are that the petitioner is elder brother of the husband of the deceased and the husband of the deceased has been acquitted from the offences charged against him by the concerned Trial Court and in the FIR there is no specific allegation against the petitioner and one co-accused Nathuni Yadav who is stated to be the father-in-law of the deceased has been granted Anticipatory Bail vide order passed in Cr. Misc. No. 41092 of 2020 and the petitioner has been languishing in jail since 05.08.2021 and the trial of the petitioner has started.

Learned APP Mr. Binod Kumar No. 3, appearing for the State has opposed the prayer for bail.

Having considered the above submissions and mainly the custody period of the petitioner and also the fact that there is no specific allegation against the petitioner in the FIR, in the opinion of this Court the petitioner deserves to a lenient approach of this Court accordingly, let the petitioner named-

Patna High Court CR. MISC. No.52298 of 2022(4) dt.14-02-2023 3/3 above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Sessions Trial No. 30 of 2022 arising out of Govindganj P.S. Case No. 152 of 2020.

(Shailendra Singh, J.) maynaz/- U T