Rajendra Kumar @ Bhajo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77453 of 2024 Arising Out of PS. Case No.-310 Year-2023 Thana- BARBIGHA District- Sheikhpura ====================================================== Rajendra Kumar @ Bhajo Yadav S/O Karu Yadav R/O Village - Mushapur, P.S- Barbigha,District - Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Vaishnavi Singh, Adv.
For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Barbigha (Keoti O.P.) P.S. Case No. 310 of 2023 dated 14.07.2023 registered for the offences punishable under Sections 302, 304B/34 of the I.P.C. in which cognizance has been taken for the offence punishable under Section 304B of the I.P.C.
3. As per the prosecution case, the petitioner and other co-accused are alleged to have committed murder of the informant's sister for non-fulfillment of demand of Rs. 2,00,000/- as dowry.
4. Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.77453 of 2024(2) dt.17-02-2025 2/3 the petitioner is innocent and has falsely been implicated in the present case. It is submitted that neither the petitioner tortured the informant's sister nor demanded any dowry. The petitioner is the devar of the deceased. He has no concern with the alleged offence. It is further submitted that the police after investigation found the case against the petitioner and other co-accused persons to be false and accordingly submitted a final report on 01.10.2023 but the learned court below differed with the final report took cognizance under Section 304B of the I.P.C. against all the accused persons and issued process under Section 204 of the Cr.P.C. on 05.01.2024.
It is further submitted that during the entire investigation, several witnesses have stated that after the marriage, some time quarrel was used to take place between the wife and the husband as the wife was asking her husband to go outside for earning and for the said reason they heard that at about 12.00 P.M., the deceased committed suicide and her dead body was lying on the ground. The doctor after conducting postmortem of the deceased has opined the cause of death was asphyxia due to hanging. The husband of the deceased is already in custody since 24.05.2024 i.e., the date on which he surrendered in the court. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.
Patna High Court CR. MISC. No.77453 of 2024(2) dt.17-02-2025 3/3 5.Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender before the learned court below 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 C.J.M., Sheikhpura, in connection with Barbigha (Keoti O.P.) P.S. Case No. 310 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Chandra Prakash Singh, J) Aman Kumar/- U T