Bunnilal Yadav @ Bunni Lal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49734 of 2021 Arising Out of PS. Case No.-182 Year-2020 Thana- DHANAHA District- West Champaran ====================================================== BUNNILAL YADAV @ BUNNI LAL YADAV S/o Late Banshi Yadav R/o Village- Mushahari, P.S.- Dhanaha, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-03-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Dhanaha P.S. Case No. 182 of 2020 for the offence registered under Sections 302, 201, 341, 323, 324, 307/34 of the Indian Penal Code .
The allegation is regarding the accused persons including the petitioner herein who is father-in-law of the deceased victim lady having killed the deceased victim lady on account of non-fulfillment of the demand for dowry. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 22.01.2021. The learned counsel for the petitioner has submitted that the husband of the deceased victim
Patna High Court CR. MISC. No.49734 of 2021(3) dt.31-03-2022 2/3 lady is already languishing in custody, hence no prejudice would be caused to the prosecution in case the petitioner is granted bail, more so since the charge sheet has already been filed and the investigation is complete.
Per contra, the learned A.P.P. for the State has though vehemently opposed the prayer for bail but has submitted that the statement of the son of the deceased who is stated to have informed the informant about the alleged incident, has not been recorded by the police, hence it is difficult to pinpoint the role of the petitioner in the alleged occurrence.
I have heard the learned counsel for the parties and gone through the materials available on record as also the case dairy in question. Upon perusal of paragraph nos. 30 and 31 of the case dairy, it is apparent that independent witnesses have stated that the deceased victim lady had committed suicide by hanging herself on account of certain disputes having arisen in between her and her husband. This Court further finds that the petitioner is the father-in-law of the deceased victim lady aged about 70 years and the husband of the deceased victim lady, who might be the main accused person, is already in custody, hence no prejudice would be caused to the prosecution in case the petitioner is admitted to the privilege of bail.
Patna High Court CR. MISC. No.49734 of 2021(3) dt.31-03-2022 3/3 Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and for the reasons mentioned herein above as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail.
Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Bagaha, West Champaran in connection with Dhanaha P.S. Case No. 182 of 2020.
(Mohit Kumar Shah, J) S.Sb/- U T