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Patna High CourtCR. MISC./39065/2023bail granted

Vishram Yadav v. The State Of Bihar

2023-06-28Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39065 of 2023 Arising Out of PS. Case No.-195 Year-2018 Thana- RAGHUNATHPUR District- Siwan ====================================================== VISHRAM YADAV Son of Late Khublal Yadav Resident of village - Saran Dumri, P.S. - Raghunathpur, Distt. - Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Raghunathpur P.S. Case No. 195 of 2018 dated 27.11.2018 registered for the offences punishable u/ss 498A, 323, 326, 307 read with section 34 of the Indian Penal Code sections 3⁄4 of the Dowry Prohibition Act.

As per the prosecution case, the petitioner and the coaccused persons are alleged to have assaulted and set the informant on fire after sprinkling kerosene oil with intention to kill due to nonfulfillment of demand of Rs. One lakh and a motorcycle as dowry.

Patna High Court CR. MISC. No.39065 of 2023(2) dt.28-06-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner is the father-in-law of the informant who has been living separately for ten years from the husband of the deceased. The petitioner neither demanded any dowry nor tortured her. The informant was married to the co-accused person about 15 years back. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.03.2023 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the informant died during the course of treatment.

Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Siwan in connection with Raghunathpur P.S. Case No. 195 of 2018.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T