Mungeshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26707 of 2020 Arising Out of PS. Case No.-136 Year-2019 Thana- IMAMGANJ District- Gaya ====================================================== 1.

Mungeshwar Yadav Son of Bhulan Yadav Resident of Village- Balsot, P.S.- Imamganj, District- Gaya.

2.

Rukhiya Devi Wife of Mungeshwar Yadav Resident of Village- Balsot, P.S.- Imamganj, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-12-2020 Heard the parties through video conferencing. The petitioners seek bail in Imamganj P.S. Case No. 136 of 2019 (G.R. No. 1080 of 2019) registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code. As per the prosecution case, daughter of the informant was married with co-accused Upendra Yadav (son of petitioners) and it is alleged that due to non-fulfillment of demand of dowry, she was subjected to physical and mental harassment and finally, in the night on 15-08-2019, petitioners alongwith other co-accused killed the daughter of the informant. It is submitted on behalf of petitioners that petitioner no. 1 is father-in-law and petitioner no. 2 is mother-in-law of the deceased. There is general and omnibus allegation. Both are living separately and no such demand of dowry was made by

Patna High Court CR. MISC. No.26707 of 2020(3) dt.01-12-2020 2/2 them, but since petitioners are parents of co-accused Upendra Yadav (husband of the deceased), they have been implicated in this case. It is further submitted that husband of the deceased Upendra Yadav is already in custody. Chargesheet has already been submitted and petitioners are in custody since 10-02-2020. Considering the aforesaid facts and circumstances, the bail petition of petitioners is allowed. Let the above-named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sherghati, District - Gaya in connection with Imamganj P.S. Case No. 136 of 2019 (G.R. No. 1080 of 2019), on the following conditions:

"(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail-bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay/- U T