Pradeep Kumar Yadav @ Pradeep Yadav @ Sandeep Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76944 of 2024 Arising Out of PS. Case No.-6 Year-2015 Thana- AANDAR District- Siwan ====================================================== 1.

Pradeep Kumar Yadav @ Pradeep Yadav @ Sandeep Yadav S/o Late Chandrika Yadav R/o Village- Sultanpur, Daabri, PS- Andar, Dist- Siwan 2.

Umesh Yadav S/o Late Chandrika Yadav R/o Village- Sultanpur, Daabri, PSAndar, Dist- Siwan 3.

Kishundeo Yadav @ Kishundeo Chaudhary @ Krishandeo Yadav S/o Late Budhan Yadav @ Late Budhan Chaudhary R/o Village- Sultanpur, Daabri, PS- Andar, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Prasad Yadav For the Opposite Party/s :

Dr. Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-11-2024

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Andar Police Station Case No. 06 of 2015, dated 25.01.2015, disclosing offences under Sections 304(B)/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that the marriage of the informant's sister was solemnized with co-accused Upendra Yadav in the year 2012. After the marriage, co-accused Upendra Yadav, including the petitioners, started demanding a motorcycle,

Patna High Court CR. MISC. No.76944 of 2024(2) dt.20-11-2024 2/3 gold chain and Rs. One Lakh as dowry and due to nonfulfillment of the said demand the informant's sister was harassed physically and mentally. Lastly, all the accused persons committed murder by setting the deceased on fire.

4. Learned counsel for the petitioners submits that the petitioners have not committed any offence in the manner alleged and they has falsely been implicated in the present merely because they happens to the family members of the co-accused Upendra Yadav. He next submits that there is no specific allegation against the petitioners for demand of dowry and/or tortured upon the deceased. He further submits that the informant's sister (deceased) died due to bursting of gas-cylinder during cooking and that the petitioners live separately and were not present at the time occurrence.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that the occurrence took place in the year 2015, but the petitioners have approached this Court after delay of 10 years in 2024, accordingly, I am not inclined to grant the petitioners privilege of

Patna High Court CR. MISC. No.76944 of 2024(2) dt.20-11-2024 3/3 anticipatory bail.

6. This application is, accordingly, rejected. (Anil Kumar Sinha, J) ashwani/- U T