Sikandra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73700 of 2023 Arising Out of PS. Case No.-130 Year-2023 Thana- BELDOUR District- Khagaria ====================================================== 1.

Sikandra Yadav Son Of Late Suresh Yadav Resident of Village - Sher Basa, P.O. And P.S. - Beldaur And District - Khagaria 2.

Sonu Yadav Son Of Sikandra Yadav Resident of Village - Sher Basa, P.O. And P.S. - Beldaur And District - Khagaria 3.

Parmila Devi Wife Of Sikandra Yadav Resident of Village - Sher Basa, P.O. And P.S. - Beldaur And District - Khagaria 4.

Priti Devi Wife Of Karelal Yadav Resident of Village - Sher Basa, P.O. And P.S. - Beldaur And District - Khagaria ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Buddhi Lal Yadav, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Beldaur P.S. Case No. 130 of 2023 dated 15.06.2023 registered for the offence punishable under Sections 304B read with 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.73700 of 2023(2) dt.05-12-2023 2/3

4. As per the prosecution case, the petitioners and the co-accused persons are alleged to have killed the daughter of the informant due to non-fulfillment of demand of motorcycle and Rs. 2,00,000/- as dowry.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioners. It is further submitted that the petitioner no.1 is the father-in-law, the petitioner no.2 is the brother-in-law, the petitioner no.3 is mother-in-law and the petitioner no.4 is the sister-in-law (Gotni) of the deceased. Learned counsel has further submitted that the petitioners have neither demanded any dowry nor assaulted the deceased. The petitioners have no concern with the alleged offence. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. 7.

Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioners, let the above

Patna High Court CR. MISC. No.73700 of 2023(2) dt.05-12-2023 3/3 named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Khagaria in connection with Beldaur P.S. Case No. 130 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

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