Laxmi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12136 of 2021 Arising Out of PS. Case No.-8 Year-2020 Thana- LAUKAHI District- Madhubani ====================================================== LAXMI YADAV aged about 75 years Son of Late Shiv Charan Yadav Resident of Village - Koriyahi, P.S.- Laukahi, District - Madhubani ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Binodanand Mishra, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-06-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 304B/201/34/120B of the Indian Penal Code.

As per the prosecution case, informant's daughter was married to the petitioner's son three years before. Soon thereafter petitioner and his family members started subjecting her to cruelty and harassment for dowry. Finally, they killed her and disappeared the dead body.

Learned counsel for the petitioner submits that the petitioner happens to be father-in-law of the deceased. There is

Patna High Court CR. MISC. No.12136 of 2021(2) dt.25-06-2021 2/3 general and omnibus allegation against him. Petitioner lives separately and is no way concerned with the affairs of the victim and her husband. Petitioner is in custody since 10.9.2020. Learned counsel for the State opposes the prayer for bail and submits that as per allegation, petitioner in league with his family members killed the informant's daughter in a planned conspiracy.

Considering the rival submissions of the parties, materials available on the record and the fact that petitioner is 75 years old with several diseases and there is general and omnibus allegation against him, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Jhanjharpur in Laukahi Police Station Case No. 8 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.12136 of 2021(2) dt.25-06-2021 3/3

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T