Raghvendra Yadav @ Raghwendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18952 of 2020 Arising Out of PS. Case No.-61 Year-2016 Thana- CHOUTARWA District- West Champaran ====================================================== RAGHVENDRA YADAV @ RAGHWENDRA YADAV, S/o Lalman Yadav, Resident of Village- Jaini Tola, P.S.- Choutarawa, Distt- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Dashrath Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 304(B), 201, 34 of the Indian Penal Code.

Informant who is brother of the deceased has alleged that petitioner along with family member killed his sister due to non-fulfillment of demand of dowry and disappeared her dead body.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. The

Patna High Court CR. MISC. No.18952 of 2020(2) dt.09-06-2020 2/3 bail petition of the petitioner has been twice rejected vide Annexure- 1 with a direction that the trial to be concluded within nine months but till date only 8 witnesses have been examined out of 21 witnesses mentioned in the chargesheet. Petitioner is in custody since 14.11.2016 having no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sessions Trial No. 447 of 2017 arising out of Choutarawa (Bathwariya) P.S. Case No. 61 of 2016 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will

Patna High Court CR. MISC. No.18952 of 2020(2) dt.09-06-2020 3/3 be at liberty to cancel his bail bond.(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/rajiv U T