Patna High CourtCR. MISC./77347/2023bail granted

Anil Yadav @ Munni Yadav v. The State Of Bihar

2024-01-09Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77347 of 2023 Arising Out of PS. Case No.-350 Year-2022 Thana- ATHMALGOLA District- Patna ====================================================== ANIL YADAV @ MUNNI YADAV S/o RAM BALAK SINGH R/o Vill - Chanda, P.S. - Athmalgola, Dist - Patna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Athmalgola P.S. Case No. 350 of 2022 dated 09.12.2022 registered for the offences punishable u/s 304B read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have strangulated the informant's daughter to death due to non-fulfillment of demand of Rs. 1.5 lakh as dowry.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is the father-in-law of the deceased. The petitioner

Patna High Court CR. MISC. No.77347 of 2023(2) dt.09-01-2024 2/2 neither demanded any dowry nor tortured the informant's daughter. There is general and omnibus allegation against the petitioner and the petitioner has no concern with the alleged offence, hence no case is made out against the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on 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, Barh, Patna in connection with Athmalgola P.S. Case No. 350 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

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