Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 10267 of 2020 Arising Out of PS. Case No.-4 Year-2018 Thana- UDWANTNAGAR District- Bhojpur ====================================================== CHANDAN YADAV S/o Sri Malik Yadav R/o village- Ashani, P.S.- Udwantnagar, District- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 304(B) of the I.P.C.

Petitioner had earlier moved this Court for regular bail vide Cr. Misc. No. 66021 of 2018 which was rejected on 11.01.2019 with liberty to petitioner to renew his prayer for bail after one year of custody in jail.

Allegation against petitioner and other co-accused is of killing the sister of informant by setting her ablaze due to

Patna High Court CR. MISC. No. 10267 of 2020(2) dt.19-06-2020 2/3 non-fulfillment of demand of dowry.

It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case on the basis of suspicion. It has been further submitted that up till now four witnesses have been examined including informant and father of the deceased who have not supported the allegation made in the FIR and he has clearly stated that she died of accidental fire, while she was cooking. Witnesses have also denied the allegation of demand of dowry and torturing her. Petitioner has no criminal antecedent and is in custody since 27.08.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Session Tr. No. 66 of 2019 arising out of Udwant Nagar P.S. Case No. 04 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in

Patna High Court CR. MISC. No. 10267 of 2020(2) dt.19-06-2020 3/3 the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/rajivU T