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Patna High CourtCR. MISC./906/2024bail granted

Anil Kumar @ Anil Yadav v. The State Of Bihar

2024-01-24Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.906 of 2024 Arising Out of PS. Case No.-44 Year-2023 Thana- BAGHA District- West Champaran ====================================================== Anil Kumar @ Anil Yadav, Male, aged about 24 years, son of Shrawan Yadav, resident of village -Pipra, Police Station- Bagaha, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kr. Singh No. 1, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Bagaha PS Case No.44 of 2023 dated 19.01.2023, instituted under Sections 302/34 of the Indian Penal Code.

3. The prosecution case, in brief, is that marriage of the daughter of the informant was solemnized about fifteen years ago. On 19.01.2023, the informant got information from the nephew of his son-in-law that his daughter has been killed by the accused persons including the petitioner. It has further been alleged that she has been killed by strangulating.

4. Learned counsel for the petitioner submits that the petitioner is the younger brother of the husband of the deceased. It is further submitted that except husband of the deceased all

Patna High Court CR. MISC. No.906 of 2024(2) dt.24-01-2024 2/2 the family members have been made accused in this case. It is further submitted that co-accused, Shravan Yadav @ Shrawan Yadav, Gayatri Devi, Sunil Yadav and Mukesh Yadav have been granted bail by a co-ordinate Bench of this Court by order dated 05.10.2023 passed in Cr. Misc. No.46026 of 2023 and the case of the petitioner stands on similar footing. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 1st, Bagaha, West Champaran, in Bagaha PS Case No.44 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T