Bharat Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51447 of 2021 Arising Out of PS. Case No.-194 Year-2021 Thana- GHORASAHAN District- East Champaran ====================================================== BHARAT PRASAD YADAV Son of Late Bhagirath Resident of Village - Semari, P.S.- Lakhaura, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Mishra, Advocate For the Opposite Party/s :
Ms. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-02-2022 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B, 120B and 34 of the Indian Penal Code.
As per the prosecution case, the sister of the informant was married to the younger brother of the petitioner herein. Soon after marriage it is stated that the accused persons including the petitioner herein started to torture the sister of the informant for demand of dowry and ultimately she was killed. It is submitted by learned counsel for the petitioner that the petitioner who happens to be the elder brother of the husband of the deceased has been falsely implicated in the case because of his relationship. The allegations are false and concocted which would be evident from the contents of the postmortem report (Annexure 2) wherein the doctor has opined
Patna High Court CR. MISC. No.51447 of 2021(2) dt.25-02-2022 2/2 that the injuries resemble as if caused by road traffic accident. The petitioner is in custody since 24.5.2021 and has no criminal antecedent. Charge sheet has been submitted in the case. The application for bail is opposed by learned APP for the State and leaned counsel for the Informant. It is submitted by learned counsel for the informant that not only the petitioner is named in the FIR but there is direct allegation against him that he along with other accused persons tortured and ultimately killed the sister of the informant for nonfulfillment of the demand of dowry.
Having heard learned counsel for the parties and taking into consideration the facts of the case, investigation in the case having concluded and the contents of the postmortem report, the Court directs the petitioner to be enlarged on bail in connection with Ghorasahan (Lakhaura) P.S. Case no. 194 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M, Sikrahana at Dhaka, East Champaran.
(Partha Sarthy, J) Prakash/- U