Narayan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21673 of 2023 Arising Out of PS. Case No.-125 Year-2021 Thana- BENIPATTI District- Madhubani ====================================================== NARAYAN YADAV S/O LATE GYAN CHAND YADAV @ GHANCHANDRA YADAV R/O Village- Behata, Ward No.5, P.S- Benipatti, Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan Deo Yadav, Advocate Mr.Ravi Prakash, Advocate For the Opposite Party/s :
Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-05-2023 Heard the parties.
The petitioner is in judicial custody in connection with Benipatti P.S. Case No.125 of 2021 registered under Sections 304(B), 302, 34 of the Indian Penal Code lodged on 14.06.2021 by the informant Jitendra Kumar Yadav. As per the FIR, the informant alleged that his sister was happily married six years ago but later the petitioners' son, Ram Ekbal Yadav started demanding dowry. On the fateful day, he got information that she has been killed and her dead body has been kept in the bathroom. He further alleged that the petitioner and other accuseds were absent from the place of occurrence when the informant reached their house on the information of death of his sister.
Earlier the case was taken up and vide an order dated
Patna High Court CR. MISC. No.21673 of 2023(3) dt.03-05-2023 2/3 17.05.2022, the same was rejected in Cr. Misc. No. 61450 of 2021.
Now the fresh petition has been filed.
Taking into account the fact that the petitioner is father-in-law, the husband is in custody as stated in para-14 of the petition and he has remained in jail since 15.06.2021 (as stated in para-16 of the petition), this Court is inclined to extend him the privilege of bail, subject to certain conditions. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Benipatti P.S. Case No.125 of 2021 to the satisfaction of learned Additional Sessions Judge, IXth, Madhubani, subject to following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.21673 of 2023(3) dt.03-05-2023 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Prakash Narayan /- U T