Surendra Yadav @ Surendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.834 of 2015 ====================================================== Surendra Yadav @ Surendra Prasad Son of Sadhu Yadav Resident ofVishun Bagchia, Police Station-Khudaganj, District-Nalanda. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 11-03-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence punishable under Sections 364, 498-A/34 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act. The prosecution case, in brief, is that the named accused Yugal Kishore and one unknown came to the house of the informant, Maheshwari Devi, wife of Surendra Yadav (petitioner) to purchase trolley of the tractor and they told that they are the friends of her husband and she allowed them to stay at her house. At the time of taking food, they talked to her daughter-in-law (victim). In the morning, she found that her daughter-in-law and both the accused were not present. She searched her daughter-in-law but could not found and it was suspected that both of them had enticed away her daughter-in-law.

During investigation, Yugal Kishore, the father of the victim lady (Sumon Devi) gave a petition to the investigating officer alleging therein that the in-laws of the victim demanded one motorcycle and one lac rupees and due to non-fulfilment of the demand, husband of the victim lady

Patna High Court Cr.Misc. No.834 of 2015 (3) dt.11-03-2015 2/2 and his relatives used to torture her. The co-villager of the petitioner has stated that the victim has been killed and her dead body has been disposed of by the petitioner and others. It is submitted that there is no eye witness to the occurrence. Only suspicion has been raised against the petitioner by the father of the victim after ten days of the occurrence. Learned counsel for the State could not controvert the contention of the petitioner while opposing the prayer for bail.

Considering the facts and circumstances of this case, the above-named petitioner 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 the learned S.D.J.M., Hilsa (Nalanda) in Khodaganj P. S. case no. 133 of 2014 with the following conditions :

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) sudip/- U T