Dinesh Yadav @ Dinesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64664 of 2023 Arising Out of PS. Case No.-132 Year-2023 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== 1.

Dinesh Yadav @ Dinesh Kumar Yadav, aged about 27 years, Gender-Male, Son of Shree Bhagwan Yadav @ Shree Bhagwan Ray, Resident of VillageGularbaga (Dinapatti), P.S.- Gautambudh Nagar, Dist- Siwan. 2.

Harikishor Yadav @ Harikishor Kumar Yadav, aged about 24 years, GenderMale, Son of Shree Bhagwan Yadav @ Shree Bhagwan Ray, Resident of Village- Gularbaga (Dinapatti), P.S.- Gautambudh Nagar, Dist- Siwan. 3.

Anshu Kumari, aged about 22 years, Gender-Female, daughter of Shree Bhagwan Yadav @ Shree Bhagwan Ray, Resident of Village-Gularbaga (Dinapatti), P.S.- Gautambudh Nagar, Dist- Siwan. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Shambhu Prasad Yadav, Advocate For the Opposite Party :

Mrs. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-12-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Gautambudh Nagar P.S. Case No. 132 of 2023 dated 18.04.2023 registered for the offences punishable under Sections 304B and 201/34 of the I.P.C.

Patna High Court CR. MISC. No.64664 of 2023(3) dt.07-12-2023 2/3

4. As per the prosecution case, the petitioners and other co-accused persons are alleged to have committed murder of the informant's sister due to non-fulfilment of demand of a Scorpio vehicle as dowry and disappeared her dead body.

5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. The petitioners neither demanded any dowry and nor tortured the informant's sister. It is further submitted that the petitioner nos. 1 and 2 are the brothers-in-law (Dewars) and the petitioner no. 3 is the unmarried Nanad of the deceased. The husband of the deceased is in custody since 21.04.2023 as stated in paragraph no. 7 of the bail petition. There is general and omnibus allegation against the petitioners. The petitioners have no concern with the alleged occurrence and they are separate in mess and property from the husband of the deceased. The petitioners have clean antecedent as stated in paragraph no. 3 of the bail application.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioners, in the event of their

Patna High Court CR. MISC. No.64664 of 2023(3) dt.07-12-2023 3/3 arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Siwan in connection with Gautambudh Nagar P.S. Case No. 132 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T