Binod Yadav @ Mangal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20914 of 2015 Arising Out of PS.Case No. -43 Year- 2014 Thana -BARBIGHA District- SEKHPURA ======================================================
1. Binod Yadav @ Mangal Yadav. Son of Nago Yadav. Resident of village - Balwapar, P.S.- Barbigha, District - Sheikhpura. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate For the Opposite Party/s : Mr. Ashraf Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-07-2015 Heard learned counsel for the petitioner and the State.
The petitioner being the husband of the victim has renewed his prayer for bail in a case registered for the offences punishable under Sections 304B, 120/34 of the Indian Penal Code and 3, 4 of the Dowry Prohibition Act. Accusation is of killing the daughter of the informant after seven years of marriage for non-fulfillment of dowry demand and disposed of the dead body.
Petitioner is languishing in custody since 29.05.2014. Earlier the bail application of the petitioner vide Cr. Misc. No. 33598 of 2014 was disposed of on 12.01.2015 with liberty to renew his prayer for bail after examination of informant.
Patna High Court Cr.Misc. No.20914 of 2015 (2) dt.01-07-2015 It is submitted by the learned counsel for the petitioner that the informant has been examined as P.W.-5, who has not supported the accusation. Moreover, from the materials on record, it appears that the marriage was performed more than seven years prior to the occurrence hence, this case does not come within the purview of Section 304B of the Indian Penal Code.
Considering the above mentioned submission, let the above named petitioner, 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 Judicial Magistrate, Ist Class, Sheikhpura in connection with Barbigha P.S. Case No. 43 of 2014.
(Dinesh Kumar Singh, J) P.K./- U T