Patna High CourtCR. MISC./529/2024bail granted

Amit Kumar Yadav @ Amit Kumar v. The State Of Bihar

2024-01-19Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.529 of 2024 Arising Out of PS. Case No.-747 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== Amit Kumar Yadav @ Amit Kumar S/o Late Brijeshwar Prasad Yadav @ B.k.yadav @ Brijkishore Prasad @ Brijeshwar Pd. Yadav R/o Village - Gurucharwa Ward No. -7, Gurucharwa, P.S. Majhaulia, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra, Adv.

For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in a case in connection with Majhauliya P.S. Case No. 747 of 2022 dated 11.10.2022 registered for the offence/s punishable u/ss 304B and 201 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 killed the informant's daughter due to non-fulfillment of demand of Rs. 5 lakhs as dowry.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.529 of 2024(2) dt.19-01-2024 2/3 that the petitioner has falsely been implicated in this case. Learned counsel has further submitted that earlier the regular bail application of the petitioner was rejected by this Court vide order dated 23.05.2023 passed in Cr. Misc. No. 23119 of 2023. There is general and omnibus allegation against the petitioner. The petitioner is the husband of the deceased. The petitioner neither demanded any dowry nor tortured the informant's daughter. The petitioner has no criminal antecedent as stated at para 3 of the bail petition. The petitioner is in custody since 20.10.2022.

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

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the petitioner is the husband of the deceased.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to 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 learned Court concerned, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 747 of 2022, with the condition/s:-

Patna High Court CR. MISC. No.529 of 2024(2) dt.19-01-2024 3/3 (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

8. The application stands allowed.

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