Ram Pravesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27223 of 2021 Arising Out of PS. Case No.-280 Year-2018 Thana- ADAPUR District- East Champaran ====================================================== RAM PRAVESH YADAV Son of Sri Narayan Yadav Resident of Village - Kanunia, P.S.- Adapur, District - East Champaran .. ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sunil Kumar Pandey A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-08-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 302/201/34/120B of the Indian Penal Code.

As per the prosecution case, informant's daughter was married to the petitioner's son in 2005. Soon thereafter petitioner and his family members started subjecting her to cruelty and harassment for dowry. Finally, they killed her and disappeared the dead body.

Learned counsel for the petitioner submits that the petitioner happens to be brother of the husband of the deceased and he is not named in the FIR. Petitioner's name has figured during course of investigation in confessional statement of coaccused Ram Naresh Yadav. There is general and omnibus allegation against him. Petitioner lives separately and is no way concerned with the affairs of the victim and her husband. Thrust of allegation is against husband of the deceased who is already

Patna High Court CR. MISC. No.27223 of 2021(2) dt.06-08-2021 2/2 in custody. Petitioner is in custody since 28.12.2020. Learned counsel for the State opposes the prayer for bail and submits that as per allegation, petitioner in league with his family members killed the informant's daughter. Considering the rival submissions of the parties and materials available on the record, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T