Awdhesh Yadav @ Awdesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44642 of 2024 Arising Out of PS. Case No.-203 Year-2023 Thana- PARWALPUR District- Nalanda ====================================================== Awdhesh Yadav @ Awdesh Yadav, Son of Bachchan Yadav @ Vachan Gop, Resident of Village- Gajin Bigha, P.S.- Parwalpur, Dist.- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 03-07-2024 Heard Mr. Manoj Kumar, learned Advocate for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail, who is in custody in connection with Parwalpur P.S. Case No. 203 of 2023 registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.
3. Allegedly the marriage of the daughter of the informant was solemnized with the son of the petitioner in the year 2019. Soon after the marriage, the victim was subjected to torture on account of non-fulfillment of demand of dowry and later on she was done to death by all the family members, is the prosecution case.
4. Learned Advocate for the petitioner contended that the petitioner is father-in-law of the deceased and there is no
Patna High Court CR. MISC. No.44642 of 2024(2) dt.03-07-2024 2/3 specific allegation either of any demand or to assault the victim. It is further contended that admittedly the marriage was solemnized in the year 2019 and the deceased also blessed with two children and, as such, at this belated stage any demand of dowry or torture leading to causing death appears to be doubtful. It is also the contention of the petitioner that when the informant realized that the petitioner and his family members have no concern in causing death of the deceased, he filed a petition showing innocence of the petitioner and others before the court below. The petitioner is in custody since 22.04.2024, having clean antecedent.
5. On the other hand, learned APP for the State opposes the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation and the fact that the petitioner is father-in-law of the deceased, has been rotting in jail since 22.04.2024, let the petitioner, named above, 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 learned Judicial Magistrate, 1st Class, Hilsa, Nalanda in connection with Parwalpur P.S. Case No. 203 of 2023, subject to the condition
Patna High Court CR. MISC. No.44642 of 2024(2) dt.03-07-2024 3/3 that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J) uday/- U T