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Patna High CourtCR. MISC./17992/2022bail granted

Yogendra Ram v. The State Of Bihar

2022-08-16Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17992 of 2022 Arising Out of PS. Case No.-261 Year-2020 Thana- SITAMARHI District- Sitamarhi ====================================================== Yogendra Ram Son of Kail Ram Resident of village - Mehsaul Ward No.- 3, P.S.- Sitamarhi, District - Sitamarhi.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sitamarhi P.S. Case No. 261 of 2020 lodged under Sections 304(B), 34 of the Indian Penal Code.

The allegation of dowry death is upon husband, brother-in-law and father-in-law of the deceased. Learned counsel for the petitioner submits that petitioner is innocent, he submits that demand of dowry was never made from the petitioner side. Learned counsel for the petitioner further submits that from the F.I.R. itself, it is clear that on 24.05.2020 information was communicated to the family

Patna High Court CR. MISC. No.17992 of 2022(3) dt.16-08-2022 2/3 of the deceased that the deceased had left the house. He further submits that the petitioner is father-in-law, aged about 66 years old, having clean antecedent and he is in custody since 10.12.2021. He also submits that charge-sheet has already been filed in this case. Upon specific query that whether appearance of the husband completed, learned counsel for the petitioner informed that his bail application is pending and he is availing legal process. He also submits that from the entire F.I.R. it transpires that there is nothing against the petitioner, if anything there all are general and omnibus.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 261 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date

Patna High Court CR. MISC. No.17992 of 2022(3) dt.16-08-2022 3/3 fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T