Nandkishor Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89324 of 2024 Arising Out of PS. Case No.-87 Year-2024 Thana- MATIYARIA District- West Champaran ====================================================== Nandkishor Yadav S/o- Late Ramjee Yadav Resident of Vill- Ekderwa, Chariharni, P.S.-Matiayaria, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-03-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Matiayaria P.S. Case No. 87 of 2024 instituted for the offence under Sections 103, 238 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in short is that one Sarda Devi was allegedly killed by her husband Sanjay Yadav and his family for dowry, as they had been demanding a motorcycle and furniture. When the informant inquired, he was abused and assaulted, and the accused concealed and burned the dead body. 4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.89324 of 2024(3) dt.24-03-2025 2/3 that the petitioner is in custody since 01-09-2024. Petitioner bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is the uncle-in-law of the deceased. He is separate in mess and property from the father-in-law of the deceased. There is no specific allegation levelled against the petitioner, rather allegation is general and omnibus in nature. Charge sheet is submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that in order to conceal the evidence, the dead body of the deceased was disposed of. Other witnesses have supported the prosecution case.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no direct allegation against the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.89324 of 2024(3) dt.24-03-2025 3/3 Court below/concerned Court in connection with Matiayaria P.S. Case No. 87 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T