Nagendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52787 of 2022 Arising Out of PS. Case No.-462 Year-2022 Thana- BAGHA District- West Champaran ====================================================== 1.

Nagendra Yadav Son Of Late Dhuman Yadav Resident Of Village - Goiti, P.S.- Bagaha (Pathkhauli), Distt.- West Champaran. 2.

Raju Yadav Son Of Nagendra Yadav Resident Of Village - Goiti, P.S.- Bagaha (Pathkhauli), Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail 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 of informant's daughter due to non fulfillment of dowry demand of motorcycle.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they

Patna High Court CR. MISC. No.52787 of 2022(3) dt.16-01-2023 2/3 have committed no offence. They have falsely been implicated in the present case. It is also submitted that petitioners are languishing in judicial custody since 25.07.2022. It is further submitted that petitioners being the in-laws of the deceased are living separately and they have no concern with mess and business of the deceased and her husband. It is also submitted that husband of the deceased is already in judicial custody since 02.07.2022. From perusal of the impugned order it appears that doctor found the cartilage of the neck broken and ligature mark also found upward. The cause of death was as asphyxia due to hanging. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to

Patna High Court CR. MISC. No.52787 of 2022(3) dt.16-01-2023 3/3 enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Bagaha(Pathkhauli) P.S. Case No. 462 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., 1st, Bagaha, West Champaran.

(Sunil Kumar Panwar, J) nirajkrs/- U T