Vinay Kumar @ Vinay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3313 of 2017 Arising Out of PS.Case No. -4 Year- 2015 Thana -BHADWAR District- GAYA ====================================================== Vinay Kumar @ Vinay Yadav, Son of Arun Yadav, Resident of VillageDudhpania, P.S. Bhadwar, Dist.- Gaya. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-03-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.

The petitioner prays for regular bail for the offence under Section 304B/34 of Indian Penal Code.

Allegedly Manorma Devi, daughter of the informant was married to the petitioner in May, 2014 and due to non-fulfilment of demand of dowry, she was being tortured and assaulted by in-laws including the petitioner and ultimately, she was strangulated and burnt to death. All the family members have been fled away from the house. Submission is of false implication and that the petitioner is in custody since 01.05.2016, the informant after realizing the truth has filed compromise petition vide Annexure-2, there was cordial relationship between the petitioner and his wife but due to some dispute, she has committed suicide, after investigation chargesheet has

Patna High Court Cr.Misc. No.3313 of 2017 (3) dt.07-03-2017 2/2 been submitted against the petitioner and others under Section 306/34 of Indian Penal Code and as such, he deserves sympathetic consideration.

Learned A.P.P. submits that petitioner is the husband but fairly submits that now, the informant is retracting from his earlier version.

In the facts and circumstances stated above, the petitioner abovenamed is directed to be released on bail on execution of bail bond of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1at class, Sherghati (Gaya) in connection with Bhadwar PS case no. 04 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from the privilege of bail.

(Jitendra Mohan Sharma, J.) rinkee/- U T