Sadhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48400 of 2021 Arising Out of PS. Case No.-212 Year-2021 Thana- SHEKHPURA District- Sheikhpura ====================================================== SADHU YADAV S/O BHUNESHWAR YADAV R/o village- Nmdarganj, P.S.- Sheikhpura, (Hathiyama O.P.), District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Bipin Kumar, Advocate For the State :

Mrs.Nirmala Kumari, APP For the informant :

Mr. Md. Harun Quareshi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks. The petitioner is apprehending his arrest in connection with Sheikhpura (Hathiyama O.P.) P.S. case No.212 of 2021 registered under Sections 498(A), 304(B) of the Indian Penal Code. Allegation is that the accused persons including the petitioner caused death of the daughter of the informant due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. From perusal of

Patna High Court CR. MISC. No.48400 of 2021(3) dt.16-12-2021 2/2 paragraph Nos.9, 18, 19, 20 and 46 of the case diary, it is apparent that the deceased is said to have committed suicide. Hence, no offence under Section 304B of I.P.C. is made out. On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory 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 Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura (Hathiyama O.P.) P.S. case No.212 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T