Rajdeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34228 of 2021 Arising Out of PS. Case No.-377 Year-2017 Thana- KHIJARSARAI District- Gaya ====================================================== RAJDEO YADAV S/O BISHU YADAV R/o village- Ganga Bigha, P.S.- Khizarsarai, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No. 2 For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-01-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Khizarsarai Police Station Case No. 377 of 2017, registered for the offences punishable under Sections 304-B/498-A/201/120B/34 of the Indian Penal Code. The prosecution case, as per the First Information Report, is that the marriage of the informant's daughter was solemnized with the son of the petitioner, namely, Shailendra Yadav, who, after sometime, started demanding one motorcycle by way of dowry and due to non-fulfillment of the said demand, the husband of the informant's daughter tortured her mentally as well as physically and on 25.12.2019, all the accused persons killed the daughter of the informant and cremated her dead body

Patna High Court CR. MISC. No.34228 of 2021(2) dt.04-01-2022 2/3 secretly.

Learned Counsel for the petitioner submits that the petitioner happens to the father-in-law of the deceased and he is in custody since 23.09.2019. He further submits that from perusal of the First Information Report, it would be evident that the allegation of torture and demand of dowry is against the husband of the deceased and there is no specific allegation against this petitioner. He further submits that the mother-in-law of the deceased has been granted bail by co-ordinate bench of this Court, vide order, dated 02.06.2020, passed in Criminal Misc. No. 8180 of 2020.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that there is no specific allegation against the petitioner, mother-in-law of the deceased has been granted bail by this Court and the petitioner is in custody since 23.09.2019, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, 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 learned

Patna High Court CR. MISC. No.34228 of 2021(2) dt.04-01-2022 3/3 Judicial Magistrate, 1st Class, Gaya, in connection with Khizarsarai Police Station Case No. 377 of 2017. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √