Lalman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41728 of 2016 Arising Out of PS.Case No. -61 Year- 2016 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Lalman Yadav, S/o late Anwat Yadav R/o Village- Jaintola, PS Bathwariya, District West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party : Mr. Nagendra Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-10-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Chautarwa (Bathwariya) P.S Case No. 61 of 2016 registered for the offences punishable under Section 304(B), 201/34 of the Indian Penal Code.

Allegedly, Rabita Devi, the sister of the informant was married with Raghwendra Yadav, son of the petitioner, four years ago and out of wedlock there is a child but allegedly, they were demanding dowry due to non-fulfillment, the family members did not allow his sister to come along with the informant on the eve of "Gavana" of the sister and then the informant again went to the house of accused persons, his sister was missing.

Patna High Court Cr.Misc. No.41728 of 2016 (2) dt.05-10-2016 2/3 Submission is of false implication and that petitioner is an old father-in-law, there is no specific allegation against him, the petitioner is living separately with the deceased and her husband since long and the petitioner is in custody since 26.05.2016, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, other coaccused Anil Yadav has been allowed pre-arrest bail by another co-ordinate Bench of this Court vide Cri. Misc. No. 39719 of 2016.

Learned A.P.P. fairly submits that the petitioner is the father-in-law.

In the facts and circumstances stated above, considering the chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned A.C.J.M., Bagaha, West Champaran, in connection with Chautarwa (Bathwariya) P.S. Case No. 61 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and

Patna High Court Cr.Misc. No.41728 of 2016 (2) dt.05-10-2016 3/3 every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T