Ram Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22148 of 2021 Arising Out of PS. Case No.-105 Year-2019 Thana- ALINAGAR District- Darbhanga ====================================================== RAM KUMAR YADAV Son of Late Binde Yadav Resident of VillageAndouli, P.S.- Ali Nagar, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Ranjan Kr. Pandey, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has renewed his prayer for regular bail in connection with a case registered under sections 304B, 498A, 120B and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner who is the husband of the deceased was rejected vide order dated 24.6.2020 passed in Cr. Misc. no. 14392 of 2020. It is submitted that on investigation charge sheet was submitted in the case under section 306/34 of the Indian Penal Code. The petitioner has no criminal antecedent and inspite of his having been in custody since 8.11.2019, there is no progress whatsoever in the learned trial Court.

A report was called for from the learned trial Court. As per the report contained in letter dated 6.8.2020 the case is at

Patna High Court CR. MISC. No.22148 of 2021(4) dt.25-08-2021 2/2 the stage of framing of charge.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, charge sheet having been submitted under sections 306/34 of the Indian Penal Code, the petitioner having remained in custody since 8.11.2019 and there being no progress in the trial in the learned Trial Court, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no. 210 of 2021 (arising out of Alinagar P.S. Case no. 105 of 2019) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge II, Benipur. It is directed that the petitioner shall co-operate in the trial. In case the learned trial Court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, it will be at liberty to take steps for cancellation of bail bond of the petitioner.

(Partha Sarthy, J) Prakash/- U