Kapil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15607 of 2017 Arising Out of PS.Case No. -76 Year- 2016 Thana -GHOSI District- JEHANABAD ====================================================== Kapil Yadav Son of late Munsi Yadav Resident of Village- Pokhanpur, Police Station- Ghosi (Okari), District- Jehanabad. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shyamal Prakash For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 2.

12-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 19.01.2017, in connection with Ghosi (Okari) P.S. Case No. 76 of 2016, registered for the offence punishable under Sections 304(B), 201, 34 of the Indian Penal Code. The prosecution case, as lodged by the informant, who is father of the deceased Khusbu Kumari, is that his daughter was married to one Santosh Kumar, son of the petitioner, a year back and on non-fulfillment of demand of dowry they have killed his daughter. All the accused persons including the petitioner have tortured and consequently murdered his daughter and concealed the dead body.

Patna High Court Cr.Misc. No.15607 of 2017 (2) dt.12-04-2017 It has been submitted by learned counsel for the petitioner that petitioner is innocent and being father-inlaw, no specific allegation has been leveled against him. The allegations are general, vague and omnibus. He has further submitted that husband of the deceased is in custody. Informant has himself stated in his petition, which is Annexure-2, before the learned court below that his daughter died due to diarrhora while taking her to the hospital.

However, learned A.P.P. opposes the prayer for bail.

Considering the facts and circumstances and materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad, in connection with Ghosi (Okari) P.S. Case No. 76 of 2016.

(Nilu Agrawal, J.) Rajeev/- U T