Mohan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6236 of 2023 Arising Out of PS. Case No.-104 Year-2020 Thana- BHARGAMA District- Araria ====================================================== 1.

MOHAN YADAV S/O LATE HANSI YADAV R/v- Bhorkahi, Ward No.- 02, Bhargama, P.S.- Bhargama, District- Araria 2.

JHUBRI DEVI W/O MOHAN YADAV R/v- Bhorkahi, Ward No.- 02, Bhargama, P.S.- Bhargama, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-05-2023 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners are seeking regular bail in connection with Bhargama P.S. Case No. 104 of 2020, registered for the offences punishable under Sections 328, 304(B)/34 of the Indian Penal Code.

As per allegation, the petitioners and other accused persons, including the husband of the deceased had committed dowry death of the deceased.

The learned counsel for the petitioners has submitted that they are innocent and have falsely been implicated in this Case. They are father-in-law and mother-in-law of the deceased, having no concern with day-to-day affairs of the couple. He has submitted further that the husband was put on trial and has been acquitted in Sessions Trial No. 75 of 2020, vide judgment and

Patna High Court CR. MISC. No.6236 of 2023(2) dt.08-05-2023 2/2 order dated 23.07.2022 of the learned Trial Court, as the witnesses turned hostile.

Considering the above-mentioned facts and circumstances, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist, Class, Araria in connection with Bhargama P.S. Case No. 104 of 2020, subject to the following conditions:- (i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(ii) If the petitioners are found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law (Nawneet Kumar Pandey, J) Nirmal/Kundan U T