Patna High CourtCR. MISC./25075/2024bail granted

Mithilesh Yadav @ Mithlesh Yadav v. The State Of Bihar

2024-04-03Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25075 of 2024 Arising Out of PS. Case No.-35 Year-2020 Thana- DUMARIYA District- Gaya ====================================================== MITHILESH YADAV @ MITHLESH YADAV SON OF VISHWANATH YADAV @ VISHUN YADAV RESIDENT OF VILLAGE - KOLHUBAR, P.S. - DUMARIYA, DISTRICT - GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-04-2024

1. Heard the parties.

2. This is second attempt for regular bail on behalf of the petitioner in connection with S.Tr. No. 255 of 2021 / 02 of 2024 arising out of Dumariya P.S. Case No. 35 of 2020 dated 05.07.2020 registered under Section 304(B) / 34 of the I.P.C.

3. As per the F.I.R. the marriage of the daughter of the informant was solemnized with the petitioner in the year 2014 and after some time the petitioner along with other family members started demanding motorcycle as dowry and due to non fulfillment of the demand, it has been alleged that the accused persons administered poison to the daughter of the informant, due to which she died.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.25075 of 2024(2) dt.03-04-2024 2/2 petitioner is in custody since 17/08/2020 i.e. for about 3 years 7 months. He further submits that trial has not progressed substantially and charge has been framed on 08.01.2024.

5. Regard being had to the submissions made by the parties, taking into consideration the slow progress of the trial and the fact that petitioner has remained in custody for more than three years, as such, I am inclined to grant regular bail to the petitioner.

6. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10000 /- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge, Sherghati, District: Gaya in connection with S. Tr. No. 255 of 2021 / 02 of 2024 arising out of Dumariya P.S. Case No. 35 of 2020 subject to the following condition:- (i) that the petitioner shall remain present on each and every date during the trial and in case of default on two consecutive dates without prior permission of the trial court, his bail bond shall liable to be cancelled.

praful/- (Anil Kumar Sinha, J) U T