Vishnu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4494 of 2024 Arising Out of PS. Case No.-338 Year-2020 Thana- TEKARI District- Gaya ====================================================== Vishnu Yadav S/O Budhlal Yadav Village- Bedauli, Ps. Tekari, Dist. Gaya At Present Residing At Village- Karmethia, Ps. Tekari, Dist. Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra For the Opposite Party/s :
Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Tekari P.S. Case No. 338 of 2020, registered for the offences punishable under Sections 306/34 of the Indian Penal Code.
3. Learned counsel for the petitioner is a person with clean antecedent and the informant alleges that his daughter was married to the brother of the petitioner about 18 years ago but the accused persons including the petitioner was torturing her for dowry, as such, she committed suicide by consuming poison. Learned counsel for the petitioner submits that petitioner is the brother-in-
Patna High Court CR. MISC. No.4494 of 2024(2) dt.19-02-2024 2/3 law of the deceased and from perusal of the allegation as alleged in the F.I.R. it could manifest that the marriage of the deceased with the brother of the petitioner was more than 18 years old further in between these 18 years, no criminal case ever came to be instituted either by the deceased or the informant which amply demonstrate that the relationship in between the deceased and the family members of her husband was cordial. It is also submitted that the informant is not an eye witness to the occurrence and the entire allegation hinges around suspicion. At this stage the learned counsel for the petitioner submits that the name of the petitioner is Vishnu Yadav and it is also known by his alias name Vishun Yadav, it is further submitted that the supplementary affidavit to that effect is ready which is being filed in the Court, the same is taken on record and as such, seeks permission to add alias name of the petitioner in the anticipatory bail application.
4. Permission is accorded.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-
Patna High Court CR. MISC. No.4494 of 2024(2) dt.19-02-2024 3/3 named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate - Ist Class, Gaya, where the case is pending/successor court in connection with Tekari P.S. Case No. 338 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) aditi/- U T