Brij Nandan Yadav @ Rukhi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16193 of 2019 Arising Out of PS. Case No.-113 Year-2017 Thana- KINJAR District- Jehanabad ====================================================== BRIJ NANDAN YADAV @ RUKHI YADAV, Son of Late Goran yadav @ Ghuran Yadav, Resident of Village - Khairadih, P.s.- Kinjar , Distt. Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murari Prasad Sinha For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner being, the father of the husband of the victim, is languishing in custody since 09.10.2018 in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

The prosecution case got initiated on the basis of written report of Nitish Kumar submitted to the Station House Officer, Kinjar Police Station is to the effect that the sister of the informant namely, Punam was married with Gautam Kumar six months prior to lodging of the case. But subsequent to the marriage, further dowry demand of a motorcycle was made and due to non-fulfillment of the same, torture was

Patna High Court CR. MISC. No.16193 of 2019(2) dt.15-03-2019 2/3 inflicted upon the informant. On 29.11.2017, the informant was conveyed on mobile phone that her sister is not well. Thereafter, the informant went to the in-laws house of her sister and found her sister dead.

It is submitted by learned counsel for the petitioner that the accusation is omnibus and general against the entire in-laws family and from the nature of demand, it appears that the accusation of demand of motorcycle and torture is specific against the husband of the victim, who is in custody. It is further submitted that the petitioner is an old person and the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the petitioner is named in the FIR and the sister of the informant had been killed within six months of marriage.

Considering the thrust of accusation against the husband of the victim and who is in custody, as per the submission of learned counsel for the petitioner, he is in custody and the investigation being already concluded, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.16193 of 2019(2) dt.15-03-2019 3/3 sureties of the like amount each to the satisfaction of learned ADJ-II, Jehanabad, in connection with Kinjar P.S. Case No. 113 of 2017.

(Dinesh Kumar Singh, J) Ashwini/- U T