Ghuran Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31116 of 2015 Arising Out of PS.Case No. -52 Year- 2014 Thana -SIKARHATA District- BHOJPUR ======================================================

1. Ghuran Yadav Son of Late Buddhu Yadav resident of village - Sikraul, P.S. Sikarhatta, District - Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Murlidhar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-01-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 304 (B) and 201/34 of the I.P.C Mira Devi, the daughter of the informant, was married to the petitioner in the year 2012 and due to non fulfillment of demand of dowry by way of motorcycle, T.V and golden chain she was being tortured by the petitioner and other in-laws and ultimately she was done to death and her dead body was cremated. Submission is of false implication and that during investigation it has come that the wife of the petitioner died due to disease vide paragraphs- 8, 9, 24, 25, 68, 69 and 70 of the case diary and the informant after knowing the reality has filed petition

Patna High Court Cr.Misc. No.31116 of 2015 (7) dt.12-01-2016 2/2 to this extent in the learned court below also showing innocence of the petitioner and others and as such the petitioner who is suffering in custody since 24.02.2015 deserves sympathetic consideration, to which the learned A.P.P. fairly submits that those witnesses during investigation has not supported the prosecution version.

In the facts and circumstances as stated above, considering that the charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, the witnesses in the said paragraphs has not supported the prosecution version and as such the 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 S.D.J.M. Bhojpur at Ara in Sikarhatta P.S. Case No. 52 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T