Ram Keshwar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45266 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- SIGAUDI District- Patna ====================================================== Ram Keshwar Yadav S/o Late Meharchand yadav R/o Village-Gulariya Bigha, P.S.-Sigori, District-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Parashuram Singh, Advocate For the State :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-09-2024 Heard the parties.
2. The petitioner is in custody in connection with Sigori P.S. Case No. 33 of 2024 for the offence punishable under sections 304-B of the Indian Penal Code lodged on 04.03.2024 by the informant, Subhash Yadav.
3. As per the prosecution story, the victim was married to Ramesh Kumar on 12.06.2023 but was always tortured for dowry. On 04.03.2024, they got the information that she has been electrocuted. Accordingly, went to the place and found her dead with black mark on her neck as also abrasion in the right leg. Accordingly, the F.I.R.
4. Learned counsel for the petitioner submits that though F.I.R. was lodged under section 304-B of the Indian Penal Code, the charge sheet has been submitted under section
Patna High Court CR. MISC. No.45266 of 2024(5) dt.18-09-2024 2/3 306/34 of the Indian Penal Code. He submits that the petitioner is father-in-law, is in custody since 05.03.2024 (paragraph no.14 of the petition) and further the husband, Ramesh Kumar is in custody as narrated in paragraph no.12 of the petition.
5. Learned APP though opposes the prayer for bail concede that the charge sheet has been submitted under section 306/34 of the Indian Penal Code.
6. Considering the aforesaid facts as also that the petitioner is the father-in-law, and the husband is in custody, the police has submitted charge sheet under section 306/34 of the Indian Penal Code, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Danapur, in connection with Sigori P.S. Case No. 33 of 2024, subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.45266 of 2024(5) dt.18-09-2024 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) vinayak/- U