Dukhi Yadav @ Dukhi Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74699 of 2022 Arising Out of PS. Case No.-79 Year-2021 Thana- FATEHPUR District- Gaya ====================================================== Yugesh Kumar @ Yogendra Yadav Son Of Aryan Yadav Resident Of VillageRaghuni Bigha, P.S.- Fatehpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Advocate Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304B/34 of the Indian Penal Code.

3. As per prosecution case, it is a case of causing death by the petitioner due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the deceased due to which he has falsely been implicated in this case. The informant is

Patna High Court CR. MISC. No.74699 of 2022(5) dt.21-08-2023 2/3 not an eye witness of the alleged occurrence and no specific allegation of murder and no prior compliant of ill treatment and harassment levelled against the petitioner. It is further submitted that except suspicion no consistent material has come out against the petitioner. He has got no criminal antecedent moreover, he is languishing in judicial custody since 08.04.2021.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Fatehpur P.S. Case No. 79 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-X, Gaya subject to following conditions:

7. (i) The petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason,

Patna High Court CR. MISC. No.74699 of 2022(5) dt.21-08-2023 3/3 his bail bond shall be cancelled by the Court below. (ii) If the petitioner tampers with the evidence or threatens the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Sunil Kumar Panwar, J) Manishkumar/- U T