Rambabu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39564 of 2018 Arising Out of PS. Case No.-44 Year-2018 Thana- KOTWA District- East Champaran ====================================================== Rambabu Yadav Son of Late Chethru Rai resident of village - Pokhara, P.S. Kotwa, District East Champaran ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Kumar Uday Singh, Adv.
For the Opposite Party :
Mr. Asharaf Ansari, APP 86 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-09-2018 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.
Petitioner, who is languishing in judicial custody since 24.04.2018, seeks bail in connection with Kotwa P.S. Case No. 44 of 2018 for offences alleged under Sections 304B abd 201/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that his daughter, Kumanti Kumari, was married to the son of the petitioner in the year 2017 and was tortured for demand of dowry, ultimately, she was killed on 07.03.2018 by the petitioner and his family, including the husband and her dead body was cremated.
It has been submitted by the learned counsel for the petitioner that he is father-in-law of the deceased and general and omnibus allegation has been levelled against all accused
Patna High Court Cr.Misc. No.39564 of 2018(3) dt.07-09-2018 2/2 persons. He submits that the informant participated in the cremation of the deceased and that the deceased was suffering from loose motion and stomach trouble for which she was being treated. He submits that husband of the deceased is in custody and the mother-in-law has been granted the privilege of bail coordinate of this Court in Cr. Misc. No. 40093 of 2018 vide order, dated 09.07.2018.
However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.
Considering the facts and circumstances and the period of custody, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Kotwa P.S. Case No. 44 of 2018 to the satisfaction of the learned Additional Chief Judicial Magistrate, X, East Champaran at Motihari.
(Nilu Agrawal, J) Shamshad/- U T