Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42705 of 2016 Arising Out of PS.Case No. -148 Year- 2016 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Shankar Yadav son of Late Raghubir Yadav Resident of Village : Banhaura, P.S.: Nautan, District: West Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amarendra Nath Verma, Advocate For the Opposite Party/s : Mr. N. N. Tiwari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-01-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 302/34 of the Indian Penal Code.

Allegation against petitioner is that he along with other in-laws of the deceased had killed her due to non-fulfilment of demand of dowry.

It has been submitted on behalf of petitioner that he is in custody since 19.6.2016. Chargesheet has been submitted against petitioner. He has got no criminal antecedent. No allegation of tampering of witnesses is alleged against petitioner. Petitioner is the father-in-law of the deceased. The alleged occurrence is said to have taken place after 11 years of marriage. Petitioner is separate in mess and property from the husband of the deceased. From perusal of the post mortem examination report it appears that two ante mortem injuries are found over the body of the deceased, which cannot be said to be sufficient to cause her death. From the viscera report it appears that it is not a case of poisoning.

Patna High Court Cr.Misc. No.42705 of 2016 (5) dt.09-01-2016 2/2 On behalf of the State and the informant, it is submitted that petitioner is named in the F.I.R. and he has actively participated in the alleged occurrence.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Nautan P.S. Case no. 148 of 2016.

Let the viscera report be returned back to the office of the Director, Forensic Science Laboratory, Muzaffarpur, under sealed cover.

(Sudhir Singh, J) sudip/- U T