Kameshwar Yadav @ Secretary Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1248 of 2017 Arising Out of PS.Case No. -45 Year- 2016 Thana -AGIAUN District- BHOJPUR ======================================================

1. Kameshwar Yadav @ Secretary Yadav Son of Late Ram Pravesh Yadav Resident of Village - Posawa, P.S. - Agiaon (Garhani), District - Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Kumar Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 02.11.2016 in connection with Agiaon (G) P.S. Case No. 45 of 2016 registered for the offence punishable under Sections 304 (B)/34 of the Indian Penal Code.

The prosecution case is that marriage of the daughter of informant was solemnized with Ritesh Yadav on 27.04.2015 but she was subjected to mental cruelty and harassment due to non-fulfillment of illegal demand of dowry and subsequently, she was killed.

It has been submitted by the learned counsel for the petitioner that he is father-in-law of the deceased Lalita Devi and

Patna High Court Cr.Misc. No.1248 of 2017 (2) dt.18-01-2017 2/2 has no criminal antecedent. He further submits that general and omnibus allegations have been levelled against him and motherin-law and brother-in-law has already been granted the privilege of bail by the court below itself and brother-in-law has been granted the privilege of bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 45955 of 2016 on 21.10.2016. He further submits that charge sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Considering the facts and circumstances of the case as well as submission of the parties, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Agiaon (G) P. S. Case No. 45 of 2016. (Nilu Agrawal, J) Sudha/- U