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Patna High CourtCR. MISC./70704/2022allowed

Rakesh Yadav @ Rajesh Yadav @ Rajesh v. The State Of Bihar

2023-02-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70704 of 2022 Arising Out of PS. Case No.-35 Year-2020 Thana- BANDHUWA KURAWA District- Banka ====================================================== RAKESH YADAV @ RAJESH YADAV @ RAJESH S/O GHANSHYAM YADAV Resident of village- Bhaluwa Badar (Kurawa), P.S.- Bandhuwa Kurawa, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120(B), 201, 34 of the Indian Penal Code.

The prosecution case, in brief, is that after getting information the informant reached at Bhalua Badar and found dead body of her daughter. During course of inquiry, it came to the knowledge of the informant that her daughter was murdered by the petitioner along with co-accused persons. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is brother-in-law (Devar) of the deceased due to which he has falsely been implicated in the present case. The petitioner has no concern mess and business of the deceased as

Patna High Court CR. MISC. No.70704 of 2022(2) dt.28-02-2023 2/2 well as her husband and lives separately from them. It is further submitted that the husband of the deceased namely, Mukesh Kumar is already getting the privilege of Bail granted by a coordinate Bench of this Court vide order dated 3.3.2022 passed in Cr. Misc. No. 49472 of 2021. It is further submitted that the petitioner is languishing in judicial custody since 23.8.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bandhua Kuraba P.S. Case No. 35 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka.

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