Mantu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23988 of 2020 Arising Out of PS. Case No.-110 Year-2016 Thana- JHAJHA District- Jamui ====================================================== MANTU YADAV Son of Fuchan Yadav Resident of Village - Mahapur, Police Station - Jhajha, District - Jamui.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amarendra Kumar, Advocate For the Opposite Party/s :
Smt. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 304B/34 of I.P.C.
Prosecution case, in short, is that the accused persons caused death of the daughter of the informant due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that the
Patna High Court CR. MISC. No.23988 of 2020(3) dt.07-12-2020 2/2 petitioner is in custody since 06.12.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge has been framed and three prosecution witnesses have already been examined. The informant of the case is P.W.3. P.W.2 is the sister of the deceased and P.W.1 is the brother of the deceased. The depositions of the witnesses are Annexure 4 series to the present application. All the aforesaid prosecution witnesses including the informant, who happens to be the father of the deceased, have been declared hostile by the prosecution. They have retracted from their earlier statement made under Section 161 Cr.P.C. and the statement made in the F.I.R.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Jamui in connection with Jhajha P.S. case No.110 of 2016. (Sudhir Singh, J) Narendra/- U T