Kail Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18315 of 2021 Arising Out of PS. Case No.-20 Year-2020 Thana- KOTHIGRAM District- Gaya ====================================================== Kail Yadav Son Of Ramjee Yadav R/O Village- Telwari, P.S.- Kothi, DistrictGaya. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Senior Adv.
:
Mr. Rakesh Singh For the Opposite Party/s :
Mr. Arvind Kumar Singh, for Informant :
Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-08-2021 Heard learned senior counsel Mr. Krishna Prasad Singh assisted by learned counsel Mr. Rakesh Singh for the petitioner, learned counsel for the informant and learned A.P.P. for the State through virtual court proceeding.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Kothi P.S. Case No. 20 of 2020 registered for the offence punishable under Sections 304 (B)/34 of the Indian Penal Code.
Allegation against the petitioner is that petitioner along with family members killed sister of the informant due to non fulfillment of dowry demand. It is alleged that petitioner and other family members including husband of the deceased tortured and murdered
Patna High Court CR. MISC. No.18315 of 2021(2) dt.26-08-2021 2/2 his sister through hanging her by a rope from her neck. Learnd counsel for the petitioner submits that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. No such occurrence as alleged ever took place. He submits that petitioner is the father-in-law of the deceased and husband of the deceased is in judicial custody as mentioned in para 14 of this bail petition. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent as mentioned in para 3 of this bail petition and he is languishing in custody since 26.09.2020.
Learned APP for the State opposed the bail petition. Considering the facts aforesaid and fact that petitioner is the father-in-law of the deceased and husband of the deceased is already in jail custody, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor Court in connection with Kothi P.S. Case No. 20 of 2020.
(Anjani Kumar Sharan, J) GAURAV S./- U T