Gopal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20597 of 2020 Arising Out of PS. Case No.-198 Year-2019 Thana- MANER District- Patna ====================================================== Gopal Yadav aged about 38 yrs, son of Gama Yadav, resident of villageDarbeshpur, P.S- Maner, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sucheta Yadav For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-10-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code.

Petitioner happens to be husband of the deceased and after investigation, charge sheet has been submitted for the offence punishable under section 304 B, 201/34 of the Indian Penal Code.

Para-3 of the case diary goes to show that mother of deceased admitted that marriage of deceased with the petitioner had taken place in the year 2010 and admittedly, deceased died in the year 2009. The petitioner has annexed marriage certificate

Patna High Court CR. MISC. No.20597 of 2020(3) dt.05-10-2020 2/2 which goes to show that marriage of deceased with the petitioner was solemnized on 10.05.2010, therefore, the aforesaid fact prima facie goes to show that Section 304B of the Indian Penal Code is not applicable in this case. Admittedly, dead body of the deceased was not recovered. However, it is submitted that deceased was mother of three children and she wanted to reside separately from her in-laws and when her aforesaid desire was not fulfilled, she committed suicide.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that investigation against the petitioner has already been completed, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Danapur in connection with Maner P.S. Case No. 198 of 2019.

(Hemant Kumar Srivastava, J) N.K/- U T