Sharvanand Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72427 of 2022 Arising Out of PS. Case No.-470 Year-2022 Thana- ARA NAWADA District- Bhojpur ====================================================== Meera Devi Wife Of Sharvanand Yadav Resident Of Village - Ayar, Post - Ayar, P.S.- Ara Nawada In The District Of Bhojpur Ara. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 73157 of 2022 Arising Out of PS. Case No.-470 Year-2022 Thana- ARA NAWADA District- Bhojpur ====================================================== Sharvanand Yadav S/O Late Ramchandra Singh R/O Village- Ayar, PostAyar, P.S.- Ara Nawada, In The District Of Bhojpur Ara. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 72427 of 2022) For the Petitioner/s :
Mr.Bimal Kumar For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava (In CRIMINAL MISCELLANEOUS No. 73157 of 2022) For the Petitioner/s :
Mr.Bimal Kumar For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 304B, 120B, 34 of the Indian Penal Code As per FIR, the allegation against the petitioners
Patna High Court CR. MISC. No.72427 of 2022(6) dt.12-07-2023 2/3 and co-accused persons is that they committed murder of the informant's niece due to non-fulfillment of dowry demand.
Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. The petitioners are in-laws of the deceased due to which they have falsely been implicated in this case. They have got no criminal antecedent. There is no specific allegation of commission of murder levelled against the petitioners and they have no concern mess and business of the deceased as well as her husband and living separately from both of them. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 23.05.2023 passed in Cr. Misc. No. 1953 of 2023. It is further submitted that the petitioners are languishing in judicial custody since more than one year. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that CDR is not available in respect of this case.
Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.72427 of 2022(6) dt.12-07-2023 3/3 considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Ara Nawada P.S. Case No. 470 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 Additional Sessions Judge-VIII, Bhojpur at Ara.
(Sunil Kumar Panwar, J) Manishkumar/- U T