Amarjeet Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5014 of 2019 Arising Out of PS. Case No.-156 Year-2018 Thana- MANJHAGARH District- Gopalganj ====================================================== Amarjeet Yadav son of Upendra Yadav Resident of village-Danapur, P.SManjhagarh District-Gopalganj ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Radhika Devi wife of Bhikhari Roy Resident of village-Turki Khatru Tola Bunkar Colony P.s-Minapur District-Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anirudh Kumar Verma For the Opposite Party/s :

Mrs.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 304(B), 302/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner caused death of the daughter of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.09.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.5014 of 2019(5) dt.09-04-2019 2/2 present case. There is no other substantive evidence to suggest his implication in the present case. From perusal of paragraph nos.34 and 35 of the case diary, it is evident that the deceased has committed suicide. It is not a case for an offence under Section 304B or Section 302 of the I.P.C. It is further submitted that the informant has filed a petition in the court below where the informant has stated that the case has been instituted due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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, Gopalganj in connection with Manjhagarh P.S. case No.156 of 2018.

(Sudhir Singh, J) Narendra/- U T