Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57915 of 2024 Arising Out of PS. Case No.-201 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== 1.

Santosh Yadav S/O Ramashish Yadav R/O Village- Pachbhidwa Panjiarwa, P.S- Sugauli, Distt.- East Champaran, Motihari. 2.

Sobha Devi W/O Ramnarayan Yadav R/O Village- Pachbhidwa Panjiarwa, P.S- Sugauli, Distt.- East Champaran, Motihari. 3.

Ramnarayan Rai @ Ramnarayan Yadav S/O Brahamdev Rai R/O VillagePachbhidwa Panjiarwa, P.S- Sugauli, Distt.- East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Adv For the Opposite Party/s :

Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-11-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. Learned counsel for the petitioners at the very outset has submitted that the present application filed on behalf of the petitioner no. 3 Ramnarayan Rai @ Ramnarayan Yadav was withdrawn vide order dated 10.09.2024 as the petitioner no. 3 was arrested.

3. The petitioner no. 1 and 2 are apprehending their arrest in a case in connection with Sugauli P.S. Case No. 201 of 2024 registered for the offence/s punishable u/s 304(B), 201 read with Section 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.57915 of 2024(3) dt.13-11-2024 2/3

4. As per the prosecution case, the petitioners and the co-accused persons are alleged to have strangulated the informant's daughter to death due to non-fulfillment of demand of Rs. 5,00,000/- dowry and disappeared her dead body.

5. Learned counsel for the petitioners has further submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioner no. 1 is the maternal uncle and the petitioner no. 2 is the mother-in-law of the deceased. The petitioners neither demanded any dowry nor tortured the deceased. There is general and omnibus allegation against the petitioners. The petitioner no. 1 has one criminal antecedent whereas the petitioner no. 2 has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner no. 1 and 2.

7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named Petitioner No. 1 and 2, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.57915 of 2024(3) dt.13-11-2024 3/3 the satisfaction of the learned court concerned, East Champaran, in connection with Sugauli P.S. Case No. 201 of 2024, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T