Patna High CourtCR. MISC./55391/2017bail granted

Shivan Yadav v. The State Of Bihar

2018-01-03Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55391 of 2017 Arising Out of PS.Case No. -64 Year- 2016 Thana -DARBHANGA SADAR DistrictDARBHANGA ======================================================

1. Shivan Yadav S/o Dhaneshwar Yadav R/o Village- Kabaria, P.S.-Sadar, District-Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Giri, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Sessions Trial No.61 of 2017, arising out of Darbhanga Sadar P.S. Case No. 64 of 2016, a case under Sections 304B/201/34 of the Indian Penal Code.

Petitioner is in custody since 21.08.2016 with having allegation that the petitioner and other family members committed death of the wife of the petitioner for non-fulfillment of dowry demand within seven years of her marriage in the matrimonial house. The dead body was disposed of without any information to the police or any port mortem examination. Some of the witnesses have supported the allegation of demand of dowry

Patna High Court Cr.Misc. No.55391 of 2017 (4) dt.03-01-2018 P2/ and torture for the same against the petitioner. Learned counsel for the petitioner submits that other family members have been allowed anticipatory bail by this Court or by the Court-below and the witnesses, who have supported the demand of dowry and torture, are paternal family members of the deceased.

Considering the nature of allegation and period already undergone by the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T