Shivji Yadav @ Sheojee Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7930 of 2015 Arising Out of PS.Case No. -385 Year- 2014 Thana -ARA NAWADA District- BHOJPUR ====================================================== SHIVJI YADAV @ SHEOJEE YADAV Son of Late Angrahit Yadav resident of village- Bahiro , police Station- Ara Nawada in the District of Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Durgesh Nandan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 10-04-2015 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 498A, 304B, 201 and 34 of the Indian Penal Code.

The allegation is that the deceased was killed by burning due to non-fulfilment of demand of dowry. Initially, a case was lodged for the offence under Sections 302 and 201/34 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act. Later on, Sections 498A, 304B and 201/34 of the Indian Penal Code have been added.

It is submitted on behalf of the petitioner that petitioner is the father-in-law of the deceased. He was living separately from the deceased and her husband. During investigation it has also come to light that the husband of the petitioner had taken the deceased to

Patna High Court Cr.Misc. No.7930 of 2015 (2) dt.10-04-2015 2/2 pilgrimage prior to the occurrence. There is no specific allegation of overt act against the petitioner. The petitioner has no criminal antecedent. However, after investigation chargesheet has already been submitted and there is no chance of tampering with the witnesses. 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 Chief Judicial Magistrate, Bhojpur, Ara/court concerned in Ara Nawada P. S. Case no. 385 of 2014 after framing of charge 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