Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41745 of 2014 Arising Out of PS.Case No. -155 Year- 2014 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== Santosh Yadav S/o Ram Narayan Yadav, R/o Village Shyampur, P.S Kuchaikote, District Gopalganj.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Adv. For the Opposite Party/s : Mr. Sanjay Kr.Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 22-01-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 304(B)/201/34 of IPC. Allegation against the petitioner and others is to have demanded dowry and due to non-fulfilment of demand of dowry Shobha Devi, daughter of the informant was killed and her dead body was disposed of.

It is submitted that the petitioner is the husband of the deceased. According to written report itself marriage was held in the year 2004. The petitioner was leading conjugal life happily and two sons aged about 7 years and five years were born to her. During investigation, the independent witness as well as Pravin

Patna High Court Cr.Misc. No.41745 of 2014 (3) dt.22-01-2015 2/3 Kumar Yadav, elder son of the deceased has stated that his mother has taken food in the night with fish and in the night she woke up at about 11.30 p.m. and was vomiting and telling that she had severe pain in her abdomen. The petitioner and his brother Anil Kumar Yadav were taking her to the doctor by motorcycle for treatment at Goh but in the way she died. He has further submitted that after investigation charge-sheet has been submitted against the petitioner and there is no chance of tampering with the evidence. The petitioner has no criminal antecedent.

Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj/court concerned in Kuchaikote P. S. Case No. 155 of 2014 (G. R. Case No. 1991/14) with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive

Patna High Court Cr.Misc. No.41745 of 2014 (3) dt.22-01-2015 3/3 dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T