Kailash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 23146 of 2020 Arising Out of PS. Case No.-276 Year-2019 Thana- ASHTHAWAN District- Nalanda ====================================================== Kailash Yadav son of Late Jaipal Yadav, resident of village Dumrawan, P.S. Asthawan, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Lalan Kumar,APP Mr.Pramod Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-11-2020 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant through video conferencing.

The petitioner seeks bail in Asthawan P.S. Case No. 276 of 2019, registered for the offence under Sections 498(A)/302/34 of the Indian Penal Code.

As per the prosecution case, the sister of the informant, who was married with son of petitioner namely Kamlesh Yadav 13-14 years ago. It has been alleged that this petitioner with all family members demanded Rs. 2,00,000/- (two lacs), as dowry, and due to non-fulfillment of the same, all of them started torturing informant's sister and later on, on 2223/12/2019 (night), they killed informant's sister by pressing her

Patna High Court CR. MISC. No. 23146 of 2020(3) dt.02-11-2020 2/3 neck. It is also alleged that informant's brother-in-law (Bahnoi) had illicit relation with a girl, which was objected by informant's sister (deceased).

It is submitted on behalf of petitioner that petitioner, who happens to be father-in-law of the deceased, has got no concern with the affairs of the deceased and her husband. Petitioner was living separately. There is general and omnibus allegation and only on suspicion, the petitioner has been made accused in this case. It is further submitted that from perusal of FIR itself, it is apparent that deceased has committed suicide due to suspicion of illicit relation of her husband. Petitioner is aged about 63 years and he is in custody since 24-12-2019. Chargesheet has already been submitted in this case. However, learned A.P.P. and learned counsel for the informant have vehemently opposed the bail application.

It is submitted by learned counsel for the informant that husband of the deceased is still absconding and as such, the bail application of petitioner may be rejected only on this ground.

Patna High Court CR. MISC. No. 23146 of 2020(3) dt.02-11-2020 3/3 since 24-12-2019, the bail application is allowed. Let the above-named petitioner 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 Sri Vidyanand Sagar, learned Judicial Magistrate 1st Class, Biharsharif, Nalanda in connection with Asthawan P.S. Case No. 276 of 2019 on the following conditions: "(1) Petitioner 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 his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers 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