Pintu Yadav @ Sudhanshu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3081 of 2023 Arising Out of PS. Case No.-442 Year-2020 Thana- LAXMIPUR District- Jamui ====================================================== 1.

Pintu Yadav @ Sudhanshu Yadav S/o Munshi Yadav R/o - Kakanchaour, P.S.- Lakhmipur, Distt- Jamui.

2.

Mantu Yadav @ Himanshu Kumar S/o Munshi Yadav R/o - Kakanchaour, P.S.- Lakhmipur, Distt- Jamui.

3.

Champa Devi W/o Pintu Yadav @ Sudhanshu Yadav R/o - Kakanchaour, P.S.- Lakhmipur, Distt- Jamui.

4.

Anita Devi W/o Mantu Yadav @ Himanshu Kumar R/o - Kakanchaour, P.S.- Lakhmipur, Distt- Jamui.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-05-2023 Learned counsel for the petitioners is permitted to make corrections in paragraph '3' of the application. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners in the present case are seeking prearrest bail in connection with Lakshmipur P.S. Case No. 442 of 2020 registered for the offences punishable under Sections 304B/34 of the Indian Penal Code. Petitioner no. 1 has got one criminal antecedent.

Learned counsel for the petitioners submits that as per the prosecution story, the sister of the informant was married to

Patna High Court CR. MISC. No.3081 of 2023(2) dt.15-05-2023 2/3 Chintu Yadav in the year 2020 thereafter the accused persons started torturing her to fulfill the demand of dowry. On 19.12.2020 at about 06:00 P.M., the informant received information that his sister has been strangulated by her in-laws. Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in this case. It is submitted that the husband and mother-in-law have already been granted bail.

Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.

Having regard to the facts and circumstances of the case wherein these petitioners are the brothers and their wives, the husband and mother-in-law have already been granted bail as stated in paragraphs '8' and '9', this Court directs release of the petitioners above named on bail in the event of their arrest or surrender within a period of four weeks from today in connection with Lakshmipur P.S. Case No. 442 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Shri A.K. Raj, learned J.M. Ist Class, Jamui, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.3081 of 2023(2) dt.15-05-2023 3/3 And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

This application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T