Dr. Pramod Yadav @ Pramod Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38453 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- GAMAHARIYA District- Madhepura ====================================================== Dr. Pramod Yadav @ Pramod Yadav Son Of Mahanthi Yadav Resident Of Village - Gorhiyari, P.S. - Gamhariya, Distt. - Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar Agrawal, Advocate For the Opposite Party/s :
Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Gamhariya P.S. Case No. 45 of 2023 registered for the offence under Sections 328, 302, 120-B and 304-B of the Indian Penal Code.
3. The accused/petitioner is named in the F.I.R. and is in custody since 04.04.2023.
4. The allegation against the petitioner is to commit murder of the daughter of the informant alongwith other matrimonial family members/co-accused persons, where allegation of mental and physical torture are available against matrimonial members of deceased daughter of informant.
5. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.38453 of 2023(2) dt.24-07-2023 2/3 petitioner submitted that petitioner is not even distantly related with the husband of deceased and as such his implication with Section 304-B of the Indian Penal Code is not convincing on its face. It is submitted that petitioner is running a medical shop near the house of the matrimonial house of the deceased and out of said suspicion, he was implicated with the present case. While travelling over the argument it is submitted that petitioner having no control over the daily and domestic affairs with the deceased and her husband, as he is living separately. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State, opposes the prayer for bail.
7. In view of the facts and circumstances as mentioned above as petitioner is not even a member of the matrimonial family of the deceased, rather his implication appears on the ground of suspicion being owner of the medical shop coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 04.04.2023, accordingly, petitioner, above named, is directed to be released
Patna High Court CR. MISC. No.38453 of 2023(2) dt.24-07-2023 3/3 on bail in connection with Gamhariya P.S. Case No. 45 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-III, Madhepura/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T