Yogendra Ram @ Devendra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2685 of 2024 Arising Out of PS. Case No.-220 Year-2019 Thana- PANAPUR District- Saran ====================================================== Yogendra Ram @ Devendra Ram, S/O Sri Jaydayal Ram, R/O VillageDhanauti, P.S.- Panapur, District- Saran. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. In this case, the petitioner is apprehending his arrest in connection with Panapur P.S. Case No. 220 of 2019, registered for the offences under Sections 304(B), 201 and 120(B)/34 of the Indian Penal Code.
3. As per prosecution case, the informant alleged that his daughter was killed by her in-laws within seven years of marriage and the petitioner is stated to be the brother-inlaw of the deceased.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner is the elder brother of the husband of the
Patna High Court CR. MISC. No.2685 of 2024(2) dt.31-01-2024 2/3 deceased and he is separate from his co-accused brother, who is in custody after surrender. The petitioner went to Malaysia in connection with his job on 28.04.2018 and he was not even present at the time of alleged occurrence in his village and returned to India on 14.11.2023. The matter has been compromised and the co-accused parents of the petitioner have been acquitted by the learned Additional Sessions Judge-XIII, Saran at Chapra as all the witnesses turned hostile. Similarly placed co-accused persons, namely, Sita Devi and Mannu Kumar have been granted anticipatory bail by different Coordinate Benches of this Court vide order dated 10.04.2023 passed in Cr. Misc. No. 61480 of 2022 and order dated 16.08.2023 passed in Cr. Misc No. 50293 of 2023, respectively. Petitioner is having clean antecedent.
5. Learned APP opposes the prayer for anticipatory bail.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the general nature of allegation without any substantive material against the petitioner and further considering grant of anticipatory bail to similarly placed co-accused persons and acquittal of other co-accused persons, let the petitioner above
Patna High Court CR. MISC. No.2685 of 2024(2) dt.31-01-2024 3/3 named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-13, Saran at Chapra/court concerned in connection with Panapur P.S. Case No. 220 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) balmukund/- U T