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Patna High CourtCR. MISC./62756/2023allowed

Jamindar Yadav @ Javinder Prasad v. The State Of Bihar

2023-10-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62756 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- HULASGANJ District- Jehanabad ====================================================== 1.

Jamindar Yadav @ Javinder Prasad Son of Late Ram Khelawan Garai R/o vill - Nandan Bigha, P.s. - Hulasganj, Distt. - Jehanabad 2.

Chhotelal Yadav Son of Jamindar Yadav R/o vill - Nandan Bigha, P.s. - Hulasganj, Distt. - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case registered for the offence punishable under sections 304(B)/34 of the Indian Penal Code.

As per allegation in the FIR, petitioners along with his family members has tortured in various ways to the daughter of the informant due to non-fulfillment of dowry demand and ultimately she was being killed by them.

Learned counsel appearing on behalf of the petitioners has submitted that petitioner no. 1 is father-in-law and petitioner no. 2 is brother-in-law (Dewar) of the deceased and both were falsely implicated in this case. They had never demanded any thing from the deceased or her family members. Both are living

Patna High Court CR. MISC. No.62756 of 2023(2) dt.05-10-2023 2/2 separately and they have no concern with the mess and business of the deceased and her husband. The sole responsibility to take care of wife is upon husband and not against his family members. The husband of the deceased namely, Vikki Kumar is in judicial custody. It is further submitted in para 8 of the petition that deceased was suffering from several ailments and she was being treated several times by eminent doctor in Patna but she could not survive. Petitioners have got no criminal antecedent and they are languishing in judicial custody since 18.05.2023 and 02.06.2023 respectively.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Hulasganj P.S. Case No. 01 of 2023.

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