Patna High CourtCR. MISC./41947/2024bail granted

Ram Pravesh Yadav v. The State Of Bihar

2024-06-19Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41947 of 2024 Arising Out of PS. Case No.-348 Year-2023 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Ram Pravesh Yadav son of Domi Yadav Village- Kodara Ps- Kusheshwar Asthan Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with S.T. No. 60 of 2024, arising out of K. Asthan P.S. Case No. 348 of 2023, instituted for the offences punishable under Section 304(B)/34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the sister of the informant was killed by her husband and other family members for non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case and charge has already been framed against this petitioner. No

Patna High Court CR. MISC. No.41947 of 2024(2) dt.19-06-2024 2/3 incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is the father-in-law of the deceased and is separate in mess and business from the husband of the deceased. The allegation levelled against the petitioner is not specific, rather general and omnibus in nature. The petitioner is in custody since 26.12.2023 and has got no criminal antecedent. Learned counsel for the petitioner further submits that husband of the deceased is in judicial custody.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with S.T. No. 60 of 2024, arising out of K. Asthan P.S. Case No. 348 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.41947 of 2024(2) dt.19-06-2024 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T