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Patna High CourtCR. MISC./3289/2025bail granted

Ram Pravesh Yadav @ Pravesh Yadav v. The State Of Bihar

2025-04-19Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3289 of 2025 Arising Out of PS. Case No.-254 Year-2024 Thana- MANIHARI District- Katihar ====================================================== Ram Pravesh Yadav @ Pravesh Yadav Son of Jay Narayan Yadav Resident of Village - Mujwar Tal, P.S. - Manihari, District - Katihar ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Manihari P.S. Case No. 254 of 2024 registered for the alleged offences under Section 80(2) of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, the daughter of the informant was married with the petitioner on 25.06.2024. Allegation against the petitioner is that he demanded Rs. 2,00,000/- in dowery and when the demand was not met, the petitioner and other co-accused killed the daughter of the informant by hanging her.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner was not even present at the place of occurrence

Patna High Court CR. MISC. No.3289 of 2025(3) dt.19-04-2025 2/3 when death of the daughter of the informant took place. The prosecution story is quite absurd as it is not believable that the co-accused father-in-law of the deceased gave the keys of his house to the informant and his daughter-in-law saying that he was going to wash his buffaloes, if the dead body was lying in the said house. Learned counsel further submits that the petitioner was 80 kilometers away at his workplace when the occurrence took place. Learned counsel further submits that during investigation it has come that the deceased was having relationship with some other boy and she was forcibly married to this petitioner and for this reason, she committed suicide. The petitioner has been working as driver at Salmari which is 80 kilometers away from the place of occurrence. The postmortem report also shows no injury was found on the body of the deceased and death was caused due to asphyxia by hanging. The petitioner is having clean antecedent and is in custody since 03.10.2024. The charge-sheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioner. Learned APP submits that the death of the daughter of the informant occurred within a year of marriage and the petitioner and his family members are involved as it is much apparent from the record.

06. Having regard to the facts and circumstances and

Patna High Court CR. MISC. No.3289 of 2025(3) dt.19-04-2025 3/3 submissions made on behalf of the parties and considering the doubtful nature of allegation against the petitioner and also considering the period of custody of the petitioner and his clean antecedent along with submission of charge-sheet, the petitioner above named is directed to 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 learned Chief Judicial Magistrate, Katihar/court concerned in connection with Manihari P.S. Case No. 254 of 2024, subject to the conditions mentioned in Section 480(3) of BNSS and the 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.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T