Bipin Yadav @ Bipin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19943 of 2023 Arising Out of PS. Case No.-207 Year-2022 Thana- CHANDAUTI District- Gaya ====================================================== BIPIN YADAV @ BIPIN KUMAR S/o- DEVNANDAN YADAV VillageBahadur Bigha Ps- Chakand Dist-Gaya ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheikh Arkan Ahmad, Adv.
For the Opposite Party/s :
Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in S. Tr. No. 25 of 2023 (S.J.)/ S. Tr. No. 03 of 2023 arising out of Chandauti P.S. Case No. 207 of 2022 G.R. No. 2964 of 2022 dated 02.06.2022 registered for the offences punishable u/ss 304B and 498A read with section 34 of the Indian Penal Code and section 3⁄4 of the Dowry Prohibition Act.
3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have strangulated the daughter of the informant to death due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the deceased. The petitioner
Patna High Court CR. MISC. No.19943 of 2023(6) dt.03-05-2024 2/2 neither demanded any dowry nor tortured the deceased. As per the postmortem report, multiple abrasion injuries were found on the front of neck and upper lip. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 06.04.2023 passed in Cr. Misc. No. 73396 of 2022. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.06.2022.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in S. Tr. No. 25 of 2023 (S.J.)/ S. Tr. No. 03 of 2023 arising out of Chandauti P.S. Case No. 207 of 2022 G.R. No. 2964 of 2022.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T