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Patna High CourtCR. MISC./63210/2022allowed

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

2023-01-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63210 of 2022 Arising Out of PS. Case No.-214 Year-2022 Thana- HASPURA District- Aurangabad ====================================================== ASHOK YADAV @ ASHOK KUMAR @ ASHOK KUMAR YADAV S/O LATE BASIK SINGH Resident of village- Somar Bigha, P.S.- Haspura, District- Aurangabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mohammad Sufyan, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 328, 304(B) and 34 of the IPC.

As per the prosecution case, the petitioner along with other co-accused persons used to torture the sister of informant for non-fulfillment of demand of dowry and ultimately they gave her poison, due to which died in course of treatment. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken

Patna High Court CR. MISC. No.63210 of 2022(2) dt.12-01-2023 2/2 place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner is the father-in-law of the deceased and husband of the deceased is already in judicial custody, which is also mentioned at para-19 of this application. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since husband of deceased is already in custody, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Haspura P.S. Case No.214 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T