Allowed

Lal Babu Yadav @ Lal Babu Kumar v. The State of Bihar

Patna HC23 Feb 2023CR. MISC./59076/2022

Case brief

AI extract

What is this about?

Petitioners, in-laws of a woman allegedly killed for dowry and whose body was concealed, sought pre-arrest bail in Bhagwanpur PS Case No.89 of 2022. Noting the husband is in judicial custody and allegations against petitioners are general and omnibus, the court granted anticipatory bail with conditions under Section 438(2) CrPC.

What did the court decide?

Anticipatory bail granted: release on arrest or surrender within six weeks on Rs. 25,000 bond each with two like sureties, subject to Section 438(2) CrPC conditions.

Lal Babu Yadav @ Lal Babu Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59076 of 2022

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Arising Out of PS. Case No.-89 Year-2022 Thana- BHAGWANPUR District- Begusarai

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======================================================

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LAL BABU YADAV @ LAL BABU KUMAR S/o Baidhnath Yadav Resident of Mokhtiyarpur, P.S.- Bhagwanpur, District- Begusarai.

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Puja Kumari @ PUJA DEVI W/o Lal Babu Yadav @ Lal Babu Kumar Resident of Mokhtiyarpur, P.S.- Bhagwanpur, District- Begusarai.

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Sanket Kumar @ Saket Kumar S/o Baidhnath Yadav Resident of Mokhtiyarpur, P.S.- Bhagwanpur, District- Begusarai.

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Samta Kumari @ Samta Devi W/o Sanket Kumar @ Saket Kumar Resident of Mokhtiyarpur, P.S.- Bhagwanpur, District- Begusarai.

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Kusho Yadav @ Kusho Ray S/o Late Ramphal Yadav Resident of Mokhtiyarpur, P.S.- Bhagwanpur, District- Begusarai.

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Nirmala Devi W/o Kusho Yadav @ Kusho Rai Resident of Mokhtiyarpur, P.S.- Bhagwanpur, District- Begusarai.

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Sunita Devi W/o Baidhnath Yadav Resident of Mokhtiyarpur, P.S.Bhagwanpur, District- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar, Adv. For the Opposite Party/s : Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 23-02-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 148, 149, 323, 498A, 304(B), 201/34 of the IPC and section ¾ of D.P. Act.

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As per the prosecution case, the F.I.R. named accused

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Patna High Court CR. MISC. No.59076 of 2022(2) dt.23-02-2023 2/3

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persons including the petitioners have killed the daughter of complainant due to non-fulfillment of demand of dowry and concealed her dead body.

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It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The petitioners are the in-laws of the deceased and and there is general and omnibus allegation against them. The husband of the deceased is already in judicial custody. Petitioners have no criminal antecedent.

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Learned APP for the State opposed the prayer for bail.

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Having regard to the facts and circumstances of the case, since husband of the deceased is in judicial custody, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bhagwanpur P.S. Case No.89 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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Patna High Court CR. MISC. No.59076 of 2022(2) dt.23-02-2023 3/3

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However, the learned trial court shall accept the bail bond of the petitioners after verifying that the husband of the deceased is in judicial custody.

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(Anjani Kumar Sharan, J)

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pallavi/-

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U T

Lal Babu Yadav @ Lal Babu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Lal Babu Yadav @ Lal Babu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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