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Patna High CourtCR. MISC./55174/2022bail granted

Ram Jatan Yadav v. The State Of Bihar

2023-02-06Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55174 of 2022 Arising Out of PS. Case No.-33 Year-2022 Thana- BELAGANJ District- Gaya ====================================================== 1.

RAM JATAN YADAV Son of Late Babulal R/V- Alam Bigha, P.S- Belaganj, Dist- Gaya 2.

Renu Devi Wife of Ram Jatan Yadav R/V- Alam Bigha, P.S- Belaganj, DistGaya 3.

Manoj Kumar @ Manoj Yadav Son of Ram Jatan Yadav R/V- Alam Bigha, P.S- Belaganj, Dist- Gaya 4.

Anuj Kumar @ Lalu @ Lalu Yadav Son of Ram Jatan Yadav R/V- Alam Bigha, P.S- Belaganj, Dist- Gaya 5.

Sohanti Kumari Wife of Anuj Kumar @ Lalu @ Lalu Yadav R/V- Alam Bigha, P.S- Belaganj, Dist- Gaya 6.

Ashok Kumar Son of Ram Jatan Yadav R/V- Alam Bigha, P.S- Belaganj, Dist- Gaya 7.

Babita Devi Wife of Manoj KUmar @ Manoj Yadav R/V- Alam Bigha, P.SBelaganj, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-02-2023 Heard the learned counsel for the petitioners as well as the learned APP for the State.

At the outset, the learned counsel for the petitioners has submitted that during the pendency of this anticipatory bail petition, petitioner no. 4 has been arrested and, as such, it has become infructuous with respect to him. He, therefore, seeks permission to withdraw this petition with respect to him.

Patna High Court CR. MISC. No.55174 of 2022(3) dt.06-02-2023 2/3 In view of the aforesaid submission, this petition is dismissed as withdrawn with respect to petitioner no. 4. So far as petitioner nos. 1 to 3 and 5 to 7 are concerned, they apprehend their arrest in connection with Belaganj P.S. Case No. 33 of 2022, registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

As per allegation, the daughter of the deceased was married to co-accused Sanyog Kumar on 26.04.2021. On 30.01.2022, one co-villager has apprised the informant that his daughter was strangulated to death by the matrimonial inmates. It has also been mentioned that the co-accused persons were torturing the deceased for non-fulfilment of demand of a motorcycle.

The learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case since they are in-laws of the deceased. There is allegation of demand of a motorcycle, which is not for use of the petitioners, rather it was for the husband. They live separately from the husband of the petitioner. They have concern day to day affairs of the couple. It appears that petitioners have no concern with the demand and it was not for their use. They are the persons of clean antecedent.

Considering the above-mentioned facts and

Patna High Court CR. MISC. No.55174 of 2022(3) dt.06-02-2023 3/3 circumstances, let petitioner nos. 1 to 3 and 5 to 7 in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Gaya in connection with Belaganj P.S. Case No. 33 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) nirmal/kundan U T