Harishankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55104 of 2015 Arising Out of PS.Case No. -99 Year- 2015 Thana -HASANPUR District- SAMASTIPUR ====================================================== Harishankar Yadav, son of Girish Yadav, resident of Village - Balahpur, P.S. - Hasapur, District - Samastipur.

.... .... Petitioner.

Versus

The State of Bihar.

.... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. Ajay Kumar, Advocate. For the State : Mrs. Renuka Ratnakar(APP) For the Informant :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 03-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant.

The petitioner seeks bail in connection with Hasanpur P.S. Case No.99 of 2015 registered under Sections 304(B) and 201/34 of the Indian Penal Code.

The accusation is of killing the deceased, the sister of the informant, by her husband (petitioner) and in-laws for non fulfillment of the dowry demand and throwing her dead body at Gonia Ghat.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that there is specific

Patna High Court Cr.Misc. No.55104 of 2015 (3) dt.03-02-2016 2/2 case of the informant that on 22.05.2015 in the evening, this petitioner took the deceased (his wife) in Bidai to his house but it would appear from paragraph-41 of the case diary that on very that day there was talk in between the petitioner and his wife till 08.30 P.M. in the night which itself is suffice to falsify the allegation of the informant of taking the deceased by this petitioner in Bidai in the evening on that day. Moreover, the place from where the dead body of the deceased was found is nearer to the house than the petitioner. In fact, the deceased had gone to her Maika and at the time of the alleged occurrence, she was at her Maika and she was killed by her Maika people due to her illicit relationship with her brother-in-law.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri D.K. Bhashkar, Judicial Magistrate, First Class, Rosera (Samastipur) in connection with Hasanpur P.S. Case No.99 of 2015.

(Rajendra Kumar Mishra, J) P.S./- U T