Nandu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19821 of 2023 Arising Out of PS. Case No.-104 Year-2021 Thana- CHANDAN District- Banka ====================================================== NANDU YADAV SON OF SUKHDEV YADAV RESIDENT OF VILLAGEBHORSAR, POLICE STATION-CHANDAN, ANANDPUR O P, DISTRICTBANKA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 304(B)/34 of the Indian Penal Code.

The allegation against the petitioner along with others is of killing the daughter of the informant, due to non-fulfillment of further dowry demand.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is the husband of the deceased. There is no any prior complaint regarding assaulting, harassment and torturing to the deceased against the petitioner and others. During investigation in para-26 of the case diary, statement of

Patna High Court CR. MISC. No.19821 of 2023(3) dt.28-06-2023 2/2 witness Haru Yadav has been recorded and he stated that the wife of the petitioner committed suicide by hanging and door was closed from inside. After breaking the door dead body of the deceased degraded and the Postmortem report also shows that cause of death was Asphyxia by hanging. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 03.01.2023.

The application for bail is opposed by learned APP for the State, learned counsel for the informant and submitted that petitioner is the husband of the deceased.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Chandan P.S. Case No. 104 of 2021.

(Sunil Kumar Panwar, J) arish/- U T