Hari Kishore Yadav @ Sunil Yadav @ Sunil Kr Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.386 of 2024 Arising Out of PS. Case No.-420 Year-2021 Thana- BANMANKHI District- Purnia ====================================================== Hari Kishore Yadav @ Sunil Yadav @ Sunil Kr. Yadav, Son of Late Vasdeo Yadav @ Vasudev Yadav, R/o village - Mohania, Durgi Tola, P.S.- Banmankhi, Distt. - Purnea ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Banmankhi P.S. Case No.420 of 2021 registered under Sections 341, 323,, 498-A, 304-B read with 34 of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act.
3. Allegation against the petitioner is to cause death of daughter of informant along with other co-accused persons due to non-fulfilment of demand of dowry for cash of Rs. 1 lakh and one motorcycle.
4. It is submitted by learned counsel for the petitioner that petitioner is brother-in-law (dewar) living
Patna High Court CR. MISC. No.386 of 2024(3) dt.19-03-2024 2/3 separately and having no connection with daily and domestic affairs of the victim/deceased and her husband. It is submitted that the thrust of allegation is available against the husband, who is in custody. It is also pointed out that other in-laws having similar allegation have been granted anticipatory bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No.69367 of 2022 dated 23.06.2023. It is submitted that allegation as available against the petitioner is general and omnibus in nature, who is man of clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submissions and by taking note of fact as petitioner is brother-in-law, having general and omnibus allegation, accordingly, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender in the court below within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Purnea in connection with Banmankhi P.S. Case No.420 of 2021,
Patna High Court CR. MISC. No.386 of 2024(3) dt.19-03-2024 3/3 subject to the conditions as laid down under Section 438(2) of the CrPC.
(Chandra Shekhar Jha, J.) Sanjeet/- U T