Chhotan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30412 of 2021 Arising Out of PS. Case No.-1003 Year-2020 Thana- NAWADA District- Nawada ====================================================== CHHOTAN YADAV Son of Baleshwar Yadav Resident of Village - Vijay Tarh, P.S. - Nawada (Kadirganj), District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avinash Kumar Singh For the Opposite Party/s :

Mr. Ajay Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-08-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 304B/34 of the Indian Penal Code.

As per the prosecution case, this petitioner along with other accused persons are alleged to have killed the sister of informant due to non fulfillment of demand of dowry. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. The petitioner happens to be father-in-law of the deceased. Allegations against the petitioner are general and omnibus in nature. Petitioner is separate in mess and property from his son, Binod Yadav, since more than last six years. Petitioner is in custody since 11.01.2021 and charge sheet in this case has

Patna High Court CR. MISC. No.30412 of 2021(2) dt.24-08-2021 2/2 already been submitted.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Nawada (Kadirganj) PS case No. 1003/2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) BKS/- U T