Kuldeep Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10844 of 2022 Arising Out of PS. Case No.-316 Year-2018 Thana- JHAJHA District- Jamui ====================================================== KULDEEP YADAV Son of Late Sanichar Yadav Resident of VillageTeliyadih, P.S.- Jhajha, District- Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar For the Opposite Party/s :
Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Jhajha P.S. Case No. 316 of 2018, registered for the offence under Sections 304(B)/302/120(B0/201/498(A)/34 and Section 3/4 of the D.P. Act.
The accused/petitioner is named in the F.I.R. and is in custody since 01.12.2021.
The allegation against the accused/petitioner is to caused death of the daughter and her two children of the informant, due to non-fulfillment of demand of dowry. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.10844 of 2022(2) dt.13-06-2022 2/3 submitted that the petitioner is the cousin father-in-law (Fufera sasur), having very much general and omnibus allegation. It is apparent that petitioner is living separately and there is no connection with the affairs of the deceased family. While arguing over the matter, it has been submitted that petitioner is a man of clean antecedent and moreover charge-sheet has been submitted in this case and as such, there is no chance of tampering with the evidence. While concluding the argument it has been submitted by learned counsel appearing on behalf of petitioner that similarly situated co-accused persons have already been granted bail by a co-ordinate bench of this Court vide Cr. Misc. No. 41041 of 2020 through order dated 08.04.2021.
Learned APP while opposing the prayer for bail, fairly conceded the fact that the petitioner having of no connection with the daily affairs of the family of the deceased, as living separately, being a distant relative.
Considering the facts and circumstances as mentioned above, as the accused/petitioner having no connection with affairs with deceased family, living separately, coupled with the fact that the charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in
Patna High Court CR. MISC. No.10844 of 2022(2) dt.13-06-2022 3/3 connection with Jhajha P.S. Case No. 316 of 2018, on furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jamui, subject to the following condition: (i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial.
(iii) That one of the bailors shall be the deponent of the present bail petitioner, who is Lato Yadav, son of Narao Yadav and brother in law of the accused/petitioner. (Chandra Shekhar Jha, J) Ranjeet/- U T