Sanjeet Kumar Yadav @ Sanjit Kr. Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42896 of 2017 Arising Out of PS.Case No. -130 Year- 2012 Thana -SIDHWALIA District- GOPALGANJ ======================================================
1. Sanjeet Kumar Yadav @ Sanjit Kr. Yadav, son of Jhapasi Yadav,
2. Jhapasi Yadav @ Jha Psi Yadav, Son of Late Sheonandan Yadav, Both resident of Village- Badhwar, P.S.- Sidhwalia, District- Gopalganj. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Pandey No-5 For the Opposite Party/s : Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2017 Heard learned counsel for the petitioners.
This is an application for bail in connection with Sidhwalia @ Sidhwaliya P.S. Case No. 130 of 2012 registered for the offences punishable under Sections 304B of the Indian Penal Code and 3/4 of Dowry Prohibition Act.
Petitioners are husband and father-in-law of the deceased respectively and the case is dowry death.
Submission of learned counsel for the petitioners is that it is alleged in the FIR that there is allegation of torture and demand of dowry and also of causing death but in his restatement the informant himself has stated in the concluding portion that he came to know from the villagers that sari of deceased caught fire while cooking and due to that she died and other family members
Patna High Court Cr.Misc. No.42896 of 2017 (3) dt.18-10-2017 2/3 have stated so, which will appear from paragraphs 7 to 10 of the case diary. However, in two supervision notes nothing has come against the petitioners but in third supervision note the I.O. was directed to submit charge sheet and petitioners are in custody since 23.7.2017.
Heard learned APP also, who could not controvert the above submission.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-VI, Gopalganj, in connection with Sidhwalia @ Sidhwaliya P.S. Case No. 130 of 2012, G.R.No. 2914 of 2012, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties in the jurisdiction of court concerned, (2) Petitioners shall co-operate in trial and appear on each and every date and on failure to appear on two consecutive dates without showing any genuine ground or
Patna High Court Cr.Misc. No.42896 of 2017 (3) dt.18-10-2017 3/3 without permission of court, their bail bonds shall be cancelled.
(Vinod Kumar Sinha, J) spal/- U