Patna High CourtCR. MISC./29161/2019bail granted

Satrughan Yadav v. The State Of Bihar

2019-08-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29161 of 2019 Arising Out of PS. Case No.-155 Year-2018 Thana- KALUAHI District- Madhubani ====================================================== Satrughan Yadav Son of Ajabi Lal Yadav Resident of Village - Madhiya Kaira tol (Kamalawari), P.S.- Basopatti, Distt - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Vikram Deo Singh, Advocate Mr. Sanjay Kumar, Advocate Mr. Bhavesh Kumar Sah, Advocate For the State :

Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 302, 201, 304(B)/34 of the Indian Penal Code. Allegation is that the accused persons including the petitioner 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 petitioner is in custody since 29.10.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The informant has retracted from his earlier statement

Patna High Court CR. MISC. No.29161 of 2019(4) dt.26-08-2019 2/2 made in the F.I.R. A petition has been filed before the court below stating that the case has been instituted due to mistake of fact. Same is Annexure-2 to the present application. On behalf of the State, it is submitted that the petitioner is named in the complaint case/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 learned J.M. 1st class, Madhubani in connection with Kaluahi P.S. case No.155 of 2018.

(Sudhir Singh, J) Narendra/- U T