Nawal Yadav @ Nawal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74085 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- SAKURABAD District- Jehanabad ====================================================== 1.
NAWAL YADAV @ NAWAL KUMAR Son of Late Bhola Yadav RESIDENT OF VILLAGE PANDIT PUR, PS SHAKURABAD, DISTT - JEHANABAD 2.
Mithlesh Yadav @ Mithilesh kumar @ Mithilesh yadav Son of Late Luchani Yadav RESIDENT OF VILLAGE PANDIT PUR, PS SHAKURABAD, DISTT - JEHANABAD ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nitya Nand Neeraj For the Opposite Party/s :
Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-11-2023
1. Heard the parties.
2. The petitioners apprehend their arrest in connection with Shakurabad PS Case No. 84 of 2023 dated 29/04/2023 registered under Section 304(B) / 201 / 34 of the I.P.C. later on Section 302 of the I.P.C. added.
3. As per the prosecution case the daughter of the informant was married with the co-accused / Vikku Pathak as per Hindu rites in the year 2014. After marriage she gave birth to two children. It has been alleged that after some time the accused persons started torturing physically and mentally to the
Patna High Court CR. MISC. No.74085 of 2023(2) dt.29-11-2023 2/3 informant's daughter for want of dowry and due to non fulfillment of the demand they killed the daughter of the informant and disposed the dead body secretly.
4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case due to village politics along with the family members of the husband of the deceased. He further submits that petitioners are co-villagers and next door neighbours having no concern with the family affairs of the deceased and her husband. The husband of the deceased is in custody and the allegation against the petitioners are general and omnibus in nature.
5. Regard being had to the submission made by the parties, taking into consideration the fact that allegations the petitioners are general and omnibus in nature, they are not the family members of the husband of the deceased and are co-villagers, as such, I am inclined to grant anticipatory bail to the petitioners.
6. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of J.M.
Patna High Court CR. MISC. No.74085 of 2023(2) dt.29-11-2023 3/3 1st Class, Jehanabad in connection with Shakurabad P.S. Case No. 84 / 2023 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anil Kumar Sinha, J) praful/- U T