Birendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72594 of 2022 Arising Out of PS. Case No.-21 Year-2022 Thana- NTPC District- Patna ====================================================== BIRENDRA YADAV Son of Late Ramashish Yadav R/V- Sahnaura, P.SN.T.P.C. Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prem Ranjan Kumar For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 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 304(B)/34 of the Indian Penal Code.

The prosecution case, in brief, is that the petitioner along with his family members used to torture and assault the informant's sister due to non-fulfillment of dowry demand. It is further alleged that on 14.03.2022, he got information that her sister was hanged.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is father-in-law of the deceased due to which he has falsely been implicated in this present case. The petitioner has no concern mess and business of the deceased as well as her

Patna High Court CR. MISC. No.72594 of 2022(2) dt.20-03-2023 2/2 husband and lives separately from them. From perusal of the FIR it is apparent that the informant is not an eye witness at the time of alleged occurrence. It is further submitted that the husband of the petitioner is already in custody upon whom, it was responsibility to keep his wife with full dignity and honour. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 13.06.2022. 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 as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with N.T.P.C. P.S. Case No. 21 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M-Ist Class, Barh District Patna.

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