Gulab Yadav @ Sadhu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6439 of 2017 Arising Out of PS.Case No. -625 Year- 2015 Thana -BIHTA District- PATNA ======================================================
1. Gulab Yadav @ Sadhu, son of Babu Lal Yadav, Resident of VillageDalelganj, P.S.- Bihta, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Upendra Mishra For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 31.07.2016 in connection with Bihta P.S. Case No. 625 of 2015 registered for the offence punishable under Section 304B/34 of the Indian Penal Code.
The prosecution case as lodged by the informant before the police that his niece Sonamati Devi was married with the petitioner and after marriage, she went to her matrimonial house, where she lived peacefully for some time, thereafter, they demanded and tortured the deceased ( sonamati Devi) for dowry and due to non fulfillment of demand of dowry, the accused persons killed the niece of the informant by pressing her neck.
Patna High Court Cr.Misc. No.6439 of 2017 (3) dt.13-04-2017 2/3 It has been submitted by the learned counsel for the petitioner that there is no direct allegation against the husband of the deceased and there is only general and omnibus allegation. It has further been submitted that the deceased, Sonamati Devi did not like her husband and always suffering from depression, so she committed suicide. He further submits that there is no demand of dowry and the witnesses have not supported the prosecution case. He further submits that charge sheet has already been submitted, hence there is no chance of tampering with the prosecution evidence.
However, learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate- I, Danapur, Patna in connection with Bihta P.S.Case No. 625 of 2015. (Nilu Agrawal, J) Sudha/- U T
Patna High Court Cr.Misc. No.6439 of 2017 (3) dt.13-04-2017 3/3