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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8375 of 2019 Arising Out of PS. Case No.-24 Year-2015 Thana- KHIRI MORE District- Patna ====================================================== Mukesh Yadav @ Mukesh Kumar @ Mukesh Kumar Yadav, Son of Sri Kameshwar Yadav Resident of Village- Bahdurpur, P.S.- Khiri More , District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 304(B), 120(B) and 34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture and assault and thereafter caused death of the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.1.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. A

Patna High Court CR. MISC. No.8375 of 2019(4) dt.08-04-2019 2/2 petition has been filed by the informant in the Court below where the informant has admitted that the case was lodged due to mistake of fact. The deceased and her child said to have died while the deceased was cooking. The informant has been examined in course of trial in which she has stated that the deceased died due to fire while she was cooking. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II, Danapur, Patna in connection with Khiri More P.S. Case No. 24/2015.

(Sudhir Singh, J) Pankaj/- U T