Sambhu Yadaw @ Shambhu Chaudhari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22232 of 2020 Arising Out of PS. Case No.-11 Year-2020 Thana- UCHKAGAON District- Gopalganj ====================================================== SAMBHU YADAW @ SHAMBHU CHAUDHARI W/o Late Amar Chaudhari Resident of Village- Balesara, P.S.- Uchakagaon, Distt- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.D.K. Sinha (Sr. Advocate) For the Opposite Party/s :
Mr.Sunil Kumar Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-09-2020 Heard learned counsel for the parties.
This application for grant of regular bail arises out of Uchkagaon P.S. Case No. 11 of 2020, disclosing offences punishable under Sections 304(B), 201 and 120(B) of the Indian Penal Code.
The petitioner is father-in-law of the deceased. On close scrutiny of the F.I.R., it transpires that there is no specific allegation of demand of dowry, so as to support the prosecution's case of commission of offence punishable under Section 304(B) of the Indian Penal Code. The victim died within a year of marriage. However, the F.I.R. has been registered on the basis of suspicion that the informant's daughter might have been killed by the accused person. There is no specific
Patna High Court CR. MISC. No.22232 of 2020(2) dt.03-09-2020 2/3 allegation against the petitioner, who is in custody since 09.02.2020.
Learned counsel for the petitioner has argued that the petitioner has been implicated only because he is father of the husband of the victim.
Considering the facts and circumstances and nature of allegation in the F.I.R., in my opinion, a case for grant of regular bail is made out.
This application is allowed.
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 the learned Chief Judicial Magistrate, Gopalganj in connection with Uchakagaon P.S.Case No. 11 of 2020.
It is directed that defects in the application pointed out by the Registry must be removed within two months from today.
Since there is a lockdown, the Court has considered it appropriate to adopt following procedure for communication of the present order:- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be
Patna High Court CR. MISC. No.22232 of 2020(2) dt.03-09-2020 3/3 communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.
(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential office for documentation and future use, if any.
(iv) Let a copy of the order be communicated to the learned court below through e-mail or any other appropriate electronic mode by the Registry.
Let steps be taken by the Registry for uploading of the present order without compromising with the norms of socialdistancing. (Chakradhari Sharan Singh, J) AKASH/- U T