Beni Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75880 of 2023 Arising Out of PS. Case No.-153 Year-2022 Thana- JHAJHA District- Jamui ====================================================== Beni Yadav Son Of Duli Yadav Resident Of Village- Pirvadih, P.S.- Jhajha, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jainendra Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 364, 120(B), 34, 302, 201 of the Indian Penal Code.

As per F.I.R, the informant alleged that she was called by the father-in-law of her son to take him away, failing which, he would be killed. Subsequently, the dead body of her son was found in the forest area. Accordingly, the F.I.R was lodged and all the in-laws members of the deceased were implicated.

Patna High Court CR. MISC. No.75880 of 2023(2) dt.30-11-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. There is no eye witness to the occurrence. The petitioner is fatherin-law of the deceased and he had no concern with the day-to-day affairs of the deceased and his wife. Moreover, other similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 24.07.2023 passed in Cr. Misc. No. 21529 of 2023. The petitioner is languishing in custody since 02.02.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.75880 of 2023(2) dt.30-11-2023 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Jamui in connection with Jhajha P.S. Case No. 153 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T