Uday Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28060 of 2023 Arising Out of PS. Case No.-35 Year-2023 Thana- PIRO District- Bhojpur ====================================================== UDAY YADAV Son of Ram Singhasan Singh Resident of village - Chedi Tola, Jitora, P.S. - Piro, Distt. - Bhojpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ayodhya Singh Son of Vasid Singh Resident of village - Kahuara, P.S. - Vikramgunj, Distt. - Rohtas ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Mohammad Sufyan, APP For the Informant :
Mr. Raghunandan Kumar Singh, Advocate Mrs. Riya Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-08-2023 Heard learned Counsel for the petitioner, State and learned Counsel for the informant.
The petitioner is an accused in connection with Piro P.S. Case No. 35 of 2023 registered for the offences under sections 304(B), 201 and 120(B) of the Indian Penal Code lodged on 26.01.2023 by the informant, Ayodhaya Singh. As per the prosecution story, the marriage of the deceased lady was solemnized with Sandeep Singh in 2017, but was regularly beaten/tortured for dowry, this despite the fact that in 2019, she delivered a child and on the fateful day, 26.01.2023 after informing that she is no more, before the parents could reach, the dead body was cremated. The further allegation is that the petitioner was having relationship with
Patna High Court CR. MISC. No.28060 of 2023(3) dt.18-08-2023 2/3 another girl which was objected by his wife that also led to her killing. Accordingly, the FIR.
Learned Counsel for the petitioner submits that the petitioner is the father-in-law, living separately, had no role to play in the alleged problem between the couple, remained in custody since 24.03.2023 and the husband is in custody. Learned Counsel for the informant though opposes the prayer stating that even after the request to wait for their arrival before the body is cremated, they hastily cremated the same in the field and when the parents reached, they fled away. Taking into account the aforesaid facts, though it is unfortunate that a young lady lost her life, the minor son has become orphan inasmuch as though the father is there, is in jail, in view of the fact that the petitioner is father-in-law, is in custody since 24.03.2023 and will ultimately face the trial, this Court is inclined to extend him privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousands only) with two sureties of like amount each to the satisfaction of the learned J.M. 1st Class, Bhojpur at Ara in connection with Piro P.S. Case No.
Patna High Court CR. MISC. No.28060 of 2023(3) dt.18-08-2023 3/3 the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Neha/- U T