Shiv Kumar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.45550 of 2017 (3) dt.10-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45550 of 2017 Arising Out of PS.Case No. -444 Year- 2016 Thana -BARACHATTI District- GAYA ======================================================

1. Shiv Kumar Yadav, Son of Late Kuleshwar Yadav, resident of villageNain Sagar, P.S. Barachtti, District- Gaya, State- Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Prithivi Raj Singh. Adv. For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-10-2017 The petitioner seeks regular bail in connection with Barachatti P.S. Case No. 444 of 2016, registered for offences punishable under Sections 302, 304(B) and 34 of the Indian Penal Code.

Petitioner is husband of the deceased and allegation against him is of committing dowry death of the deceased. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and the witnesses during the course of investigation has stated that the deceased herself jumped into the well, thereby she lost her life, which will appear para 8 and 10 of the case diary. Further petitioner has been in judicial custody since 22.11.2016 and charge-sheet has also been submitted under Section 306 of Indian Penal Code. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let

Patna High Court Cr.Misc. No.45550 of 2017 (3) dt.10-10-2017 the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Sherghati, Gaya, in connection with Barachatti P.S. Case No. 444 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T