Saryug Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72138 of 2024 Arising Out of PS. Case No.-254 Year-2023 Thana- NALANDA District- Nalanda ====================================================== 1.
Saryug Yadav Son of Baleshwar Yadav Village- Mafo Ps- Mehush DistSheikhpura 2.
Matalu Kumar Son of Saryug Yadav Village- Mafo Ps- Mehush DistSheikhpura 3.
Rubi Devi D/o- Saryug Yadav Village- Mafo Ps- Mehush Dist- Sheikhpura 4.
Nitish Kumar Son of Saryug Yadav Village- Mafo Ps- Mehush DistSheikhpura 5.
Manju Devi W/o- Matalu Kumar Village- Mafo Ps- Mehush DistSheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Shalu Sinha For the Opposite Party/s :
Mr.Ajay Kumar No. 2 For the Informant : Mr. Anil Kumar No.1 Ms. Sonam Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-10-2024
1. Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in connection with Nalanda P.S. Case No. 254 of 2023 registered for the offences punishable under Section 498 A of IPC and Section 3⁄4 D.P. Act and thereafter prima facie offence made out under Section 498 A of the IPC.
3. As per prosecution case, there is allegation
Patna High Court CR. MISC. No.72138 of 2024(2) dt.23-10-2024 2/3 against petitioners and other that they have subjected informant to harrasment and demanded additional dowry of rupees four lakh. It is further alleged that informant was ousted from house and her jewellery was taken by the accused persons.
4. Learned counsel submits that petitioner no. 1 is father-in-law, petitioner no.2 is brother-in-law, petitioner no. 3 is sister-in-law, petitioner no.4 is brother-in-law and petitioner no.5 is sister-in-law(gotni) of the informant. He further submits that there is no specific allegation against any of the petitioners rather the same is general and omnibus in nature. Petitioners bear no criminal antecedent. Learned counsel has submitted in para 10 of the bail petition that charge sheet has been submitted against petitioner no. 1, Saryug Yadav and husband of the informant but cognizance has been taken against all the accused persons in the present case. Learned counsel for the petitioner submits that petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case.
5. The learned A.P.P. for the State and learned counsel for the informant opposes the prayer for anticipatory bail of the petitioners.
6. Considering the facts and circumstances of the
Patna High Court CR. MISC. No.72138 of 2024(2) dt.23-10-2024 3/3 case, keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides, the petitioners above-named in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 8 Nalanda at Biharsharif in connection with Nalanda P.S. Case No. 254 of 2023 , subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Alok Kumar Pandey, J) vashudha/- U T