Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33903 of 2023 Arising Out of PS. Case No.-628 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== Dharmendra Yadav, Son of Ram Pukar Yadav Resident Of Village - Budhginjoi, P.S.- Fatehpur, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Fatehpur P.S. Case No. 628 of 2022, registered for the offences punishable under Sections 304 (B) and 34 of the Indian Penal Code.

As per the prosecution case, the allegation against the petitioner is that due to non-fulfillment of dowry demand, the petitioner alongwith other co-accused persons have committed dowry death to the daughter of the informant. Learned counsel for the petitioner submits that the petitioner is the husband of the victim wife who is innocent and has falsely been implicated in this case. The victim was died due to internal disease. The informant was informed by the

Patna High Court CR. MISC. No.33903 of 2023(2) dt.24-06-2023 2/2 petitioner who participated in funeral also but later on he filed the false case against the petitioner and his family members. Realising the mistake the informant has filed the petition before the Court below that the accused persons were not involved in the said occurrence. Learned counsel for the petitioner further submits that the petitioner was leading happily conjugal life with the victim wife and there was no complaint of any demand of dowry or torture. The charge-sheet has already been filed. Petitioner has no criminal antecedent and is in jail custody since 16.10.2022.

Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- Xth, Gaya / Successor Court in connection with Fatehpur P.S. Case No. 628 of 2022 . (Sunil Dutta Mishra, J) ashutosh/- U T