Dharichhan Yadav @ Dharichan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18341 of 2025 Arising Out of PS. Case No.-152 Year-2023 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Dharichhan Yadav @ Dharichan Yadav S/O Late Lalu Yadav R/O VillageSipaya Khas, P.S- Bishambharpur, Distt.- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mani Bhushan Kr. Singh, Adv.
Mr.Binod Kumar Sinha, Adv.
For the Opposite Party/s :
Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In this present case, the petitioner seeks bail in connection with Bishambharpur P.S. Case No. 152 of 2023 registered for the offences under Section 302/34 of the Indian Penal Code.
3. As per prosecution case, daughter of the informant was married with the son of the petitioner. The daughter of the informant has two daughters from this wedlock and she was pregnant when the petitioner, her mother-in-law and brother-in-law killed her.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner is the father-in-law of the
Patna High Court CR. MISC. No.18341 of 2025(3) dt.16-05-2025 2/3 deceased and he has been living separately from the deceased. The deceased was a hot tempered lady and she used to always quarrel with her husband and in one such quarrel, the daughter of the informant committed suicide by hanging herself. The husband has not been made accused in this case. Post-mortem report also supports the theory of suicide as it shows no external injury and death has been caused due to asphyxia by hanging. Allegation against the petitioner is that he assaulted the deceased with lathi but no such injury has been found. This falsifies the allegation against the petitioner. Moreover, allegation of strangulation is against co-accused Parmeshwar Yadav who has been granted bail by the learned trial court. There is no eye-witness to the alleged occurrence. Petitioner is in custody since 19.10.2024 and chargesheet has been submitted. Petitioner is having clean antecedent.
5. Learned A.P.P. opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the doubtful nature of allegation against the petitioner without any substantive material and also considering the clean antecedent of the petitioner along with his period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Patna High Court CR. MISC. No.18341 of 2025(3) dt.16-05-2025 3/3 Thousand Only) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Gopalganj/concerned court in connection with Bishambharpur P.S. Case No. 152 of 2023, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T