Krishna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73134 of 2023 Arising Out of PS. Case No.-304 Year-2023 Thana- ATRI District- Gaya ====================================================== 1.

KRISHNA YADAV Bechan Yadav R/O village- Pali, P.S.- Atri, District- Gaya. 2.

Lalita Devi Krishna Yadav R/O village- Pali, P.S.- Atri, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Shivendra Prasad, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-11-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Atri P.S. Case No. 304 of 2023 dated 02.07.2023 registered for the offences punishable u/ss 304B, 201 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have committed murder of the daughter of the informant due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners neither demanded any dowry nor tortured the informant's daughter. There is general and omnibus allegation against the petitioners. It is further submitted that the petitioner

Patna High Court CR. MISC. No.73134 of 2023(2) dt.28-11-2023 2/2 no. 1 is the father-in-law and the petitioner no. 2 is the motherin-law of the deceased and the petitioners have no concern with the alleged offence. Learned counsel has further submitted that the husband of the deceased is already in jail. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Gaya in connection with Atri P.S. Case No. 304 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T