Chandan Yadav @ Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60031 of 2023 Arising Out of PS. Case No.-227 Year-2023 Thana- KHARHAGPUR District- Munger ====================================================== Chandan Yadav @ Chandan Kumar, Son of Nandan Yadav, R/o Village - Ram Biharipur, P.S. - Kharagpur, District - Munger ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Manohar Prasad Singh, Advocate For the Opposite Party :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner in the present case is seeking prearrest bail in connection with Haweli Kharagpur P.S. Case No. 227 of 2023 registered for the offences punishable under Sections 306, 201, 34 of the Indian Penal Code. He has no criminal antecedent.
3. As per the prosecution story, the daughter of the informant was married to one Rupesh Yadav six years ago. The husband of the deceased used to assault the informant's daughter due to her talk with her parents. After some time when the informant along with the deceased and other villagers went to the house of the accused persons to pacify the matter, his sonin-law assured him that this will not be repeated. Thereafter due to rising disputes, the daughter of the informant took poison.
Patna High Court CR. MISC. No.60031 of 2023(2) dt.11-10-2023 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the petitioner is the brother-in-law of the husband of the deceased and he had no role to play in the alleged suicide by the daughter of the informant. It is further submitted that there is no allegation of abatement of suicide against the petitioner.
5. Learned APP for the State has opposed the prayer for pre-arrest bail of the petitioner.
6. Having regard to the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the petitioner is the brother-in-law of the husband of the deceased and that he had no role to play in the alleged suicide by the daughter of the informant, there is no allegation of abatement of suicide against the petitioner and the petitioner has otherwise no criminal antecedent, hence, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named be released on bail in connection with Haweli Kharagpur P.S. Case No. 227 of 2023 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV, Munger, subject to the
Patna High Court CR. MISC. No.60031 of 2023(2) dt.11-10-2023 3/3 conditions as laid down under Section 438(2) of the Cr.P.C.
7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
8. This application stands allowed.
(Rajeev Ranjan Prasad, J) lekhi/- U T