Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27680 of 2017 Arising Out of PS.Case No. -60 Year- 2017 Thana -CHAINPUR District- BHABHUA (KAIMUR) ====================================================== Upendra Yadav, S/o Mohan Yadav, resident of Village- Majhui, P.S.- Chainpur, District- Kaimur (Bhabua).

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 03-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Chainpur P.S. Case No.60 of 2017 registered under Sections 304(B) and 201/34 of the Indian Penal Code.

The accusation of the informant Ramashish Yadav is that he had performed the marriage of his daughter Baby Kumari alias Sandhya Kumari with this petitioner before five years. Thereafter, his daughter was being tortured for non fulfillment of the dowry demand of cash Rs.30,000/- and a motorcycle. On 24.03.2017, his daughter was killed by the accused persons including the petitioner. Thereafter, the informant received information that the condition of his daughter is serious and she was admitted at Bhabhua Hospital but when the

Patna High Court Cr.Misc. No.27680 of 2017 (3) dt.03-08-2017 2/2 informant went there, he came to know that the dead body of his daughter is being burnt.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the deceased, the daughter of the informant. In fact, due to illness, the deceased, the daughter of the informant, was admitted at Bhabhua Hospital, where she died. Regarding the illness of the deceased, the information was given to the informant. Further submission is that while on investigation, the police submitted final form but the learned Chief Judicial Magistrate, Kaimur at Bhabhua took the cognizance of the offence under Sections 304(B) and 201/34 of the Indian Penal Code against the petitioner. The petitioner is in custody since 10.04.2017.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Kaimur at Bhabua, in connection with Chainpur P.S. Case No.60 of 2017.

(Rajendra Kumar Mishra, J) P.S./- U T