Pramod Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1904 of 2025 Arising Out of PS. Case No.-56 Year-2024 Thana- SAKURABAD District- Jehanabad ====================================================== Pramod Yadav, S/o Bali Yadav, Resident of Village- Pandeychak, P.S.- Shakurabad, Dist- Jehanabad ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurav Anand, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-03-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection with Shakurabad P.S. Case No.56 of 2024 registered for the offences punishable under Sections 302 and 201 read with 34 of the Indian Penal Code.
3. The accused/petitioner is named in the FIR and is in custody since 29.04.2024.
4. Allegation against the petitioner is to have commit murder of his wife after sixteen years of marriage, who was tortured on several occasions, being issueless by petitioner and his family members.
5. It is submitted by learned counsel for the
Patna High Court CR. MISC. No.1904 of 2025(3) dt.22-03-2025 2/3 petitioner that the deceased was living happily with the petitioner despite of the fact that she was issuless since last 16 years of her marriage. It is submitted that wife of petitioner was fallen ill and due to diarrhoea and excessive water loss, she died on way to doctor. In support of his submission, learned counsel referred the medical certificate of doctor, which is Annexure-P/2, where it appears that the deceased daughter of informant was bought dead before the doctor, where she found with vomiting and loose stool. It is submitted that this fact was also approved by informant during the trial of present case as PW-2. While concluding argument, it is submitted that till date only three prosecution witnesses have been examined in this case and, as such, the trial is not likely to conclude in near future and having of such evidence keeping petitioner in jail shall not serve any purpose of justice.
6. Learned APP opposes the prayer for grant of bail to the petitioner but could not disputed the factual submissions as advanced by learned counsel appearing for the petitioner.
Patna High Court CR. MISC. No.1904 of 2025(3) dt.22-03-2025 3/3
7. In view of aforesaid factual submissions and by taking note of fact as the occurrence took place after 16 years of marriage, where Annexrue-P/2 i.e. the certificate of the doctor certified prima facie that the death of the deceased caused due to diarrhoea like illness, coupled with the fact that petitioner is in custody since 29.04.2024, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge, Jehanabad in connection with Shakurabad P.S. Case No.56 of 2024, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS').
(Chandra Shekhar Jha, J.) Sanjeet/- U T