Laltun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29546 of 2016 Arising Out of PS.Case No. -198 Year- 2015 Thana -ROSERA District- SAMASTIPUR ====================================================== Laltun Yadav S/o Jageshwar Yadav R/o village - Bishanpur, P.S. Rosera, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 19-11-2016 Heard Mr. Chhitaranjan Sinha, learned Sr. Counsel in support of the application and APP for the State. The petitioner being the husband is an accused of offence punishable under sections 304-B and 120-B IPC vide Rosera P.S. Case No. 198 of 2015.

According to the FIR, the informant lodged the case that her daughter was killed at her Sasural within 07 years of marriage by the in-laws at the behest of the petitioner who was residing in connection with his livelihood in Delhi.

It is stated that the petitioner was not present at the place of occurrence as, according to the FIR itself, he was residing in Delhi. Allegation is specific against other family members of having killed the deceased on account of non-fulfilment of

Patna High Court Cr.Misc. No.29546 of 2016 (6) dt.19-11-2016 2/2 demand of dowry. The petitioner is in custody since 02.11.2015 A report was called for which has been received and is placed at Flag-B wherefrom it appears that the trial is at the nascent stage inasmuch as charges have not been framed. Considering the facts and circumstances of the case and materials on record, this Court while declining the prayer for bail directs the learned trial court to take steps for framing of charges. No sooner the charges are framed, the petitioner above named shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of ACJM, Rosera, Samastipur in Rosera P.S. Case No. 198 of 2015 on condition that one of the bailors shall be his own/close family member. The petitioner shall appear in person on each date fixed at the trial. Failure to do so on two consecutive dates, the trial court shall have liberty to cancel his bail bonds and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) HR/- U T