Patna High CourtCR. MISC./2317/2016bail granted

Binod Yadav v. The State Of Bihar

2016-03-11Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2317 of 2016 Arising Out of PS.Case No. -107 Year- 2015 Thana -HASPURA District- AURANGABAD ======================================================

1. Binod Yadav Son of Janardhan Yadav Resident of village -Barelichak, P.s Haspura, District Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Dubey For the Opposite Party/s : Mr. Parmeshwar Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-03-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under sections 304(B), 201, 120(B), 504 of the Indian Penal Code.

Sushila Devi, dumb daughter of the informant was married to the petitioner in the year 2010 and allegedly due to non-fulfillment of demand of Rs.50,000/- by way of additional dowry, she was being tortured. However, she gave birth to a female child and thereafter the petitioner informed the informant that his daughter has fled away and, accordingly, it is alleged that the petitioner and other in-laws after killing her made her dead body traceless.

Patna High Court Cr.Misc. No.2317 of 2016 (3) dt.11-03-2016 Submission is of false implication, there is no material on record to suggest that the petitioner or his family members killed the deceased; rather during investigation it has come that the wife of the petitioner fled away from the in-laws' house without informing any one and the petitioner is suffering in custody since 04.08.2015 and deserves sympathetic consideration. The learned A.P.P. opposes the prayer for bail. In the facts and circumstances of the case stated above and considering that charge-sheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Daudnagar, District Aurangabad in connection with Haspura P.S. Case No. 107 of 2015.

(Jitendra Mohan Sharma, J) Amin/- U