Chutar Yadav @ Jitendra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9558 of 2019 Arising Out of PS. Case No.-52 Year-2017 Thana- SALIMPUR District- Patna ====================================================== CHUTAR YADAV @ JITENDRA S/o Late Sant Yadav R/o Village- Alipur, P.S.- Salimpur District Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 22.1.2019 in a case registered for the offences punishable under Sections 304B and 120B/34 of the I.P.C. The prosecution case as per the written report of Kapindra Singh dated 15.4.2017, submitted to the SHO, Salimpur Police Station is to the effect that on 14.4.2016 at 1.00 P.M., the informant being Dafadar, received an information that fire has broken out in the house of Rameshwar Ram, resident of village Narauli, when the informant reached there and found the wife of one Deepak Kumar is lying in restless condition after having received burn injury. Subsequently, the victim was taken to Primary Health Centre, Dariyapur and from there, she was referred to PMCH, where during treatment, she died. It is

Patna High Court Cr.Misc. No.9558 of 2019(2) dt.18-02-2019 2/3 alleged that the informant came to know that the in-laws family members of the victim used to inflict torture upon her for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner is not the family member of the husband of the victim and only on the basis of suspicion, accusation has been levelled against the petitioner. It is further submitted that on conclusion of investigation, the petitioner has not been sent up for trial but after differing with the final form, cognizance has been taken against the petitioner.

Learned APP submits that the petitioner is named in the FIR.

Considering the fact that the petitioner not being the family member of the husband of the victim, the petitioner, on conclusion of investigation, has not been sent up for trial, Statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent and the period in custody, let the petitioner above named 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 the learned Additional

Patna High Court Cr.Misc. No.9558 of 2019(2) dt.18-02-2019 3/3 Sessions Judge III, Barh, Patna in connection with Salimpur P.S. Case No.52 of 2017.

(Dinesh Kumar Singh, J) anil/- U