Bilas Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9145 of 2019 Arising Out of PS. Case No.-114 Year-2018 Thana- ASHTHAWAN District- Nalanda ====================================================== Bilas Yadav, Son of Jageshwar Yadav, Resident of Village- Dumrawan, P.S.- Asthawan, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-06-2019 Heard learned counsel for the parties.

The petitioner apprehends his arrest in connection with Asthawan P.S.Case No. 114 of 2018 registered under Sections 201/34, 302 and 328 of the Indian penal Code. Allegation as per FIR is that daughter of the informant namely Kanchan Devi, was poisoned by her husband, father-inlaw, mother-in-law, sister-in-law (Nanad) and this petitioner. Petitioner is Nandosi (husband of sister-in-law of the deceased). Petitioner is not named in the FIR.

Submission of learned counsel for the petitioner is that petitioner has falsely been implicated in this case inasmuch he is a Nandosi i.e., husband of sister-in-law of the deceased. He submits that petitioner resides in a different village along with his wife and has no concern with the affairs in the family of his

Patna High Court CR. MISC. No.9145 of 2019(7) dt.27-06-2019 2/2 in-laws and he has been made accused only due to the fact that his wife being the daughter of the family and Nanad of the deceased lady.

After having heard learned counsel for the petitioner and learned counsel for the State and from perusal of the case diary, it appears that some of the witnesses have recorded their statements at paragraph nos. 37, 38 and 40, in which petitioner's name is not appearing and also taking into consideration the fact that petitioner is a Nandosi and he is not residing in his Sasural, I am inclined to grant privilege of anticipatory bail to him. Accordingly, let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM 5th, Biharsharif, Nalanda in connection with Asthawan P.S. Case No. 114 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

sujit/- (Anil Kumar Sinha, J) U T