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Patna High CourtCR. MISC./40945/2020bail granted

Golden Yadav @ Golden Kumar v. The State Of Bihar

2021-02-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40945 of 2020 Arising Out of PS. Case No.-569 Year-2017 Thana- SHERGHATI District- Gaya ====================================================== Golden Yadav @ Golden Kumar Son Of Bhola Yadav Resident Of Village Mohandih, P.S.-DOBHI, District-Gaya.

... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-02-2021 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Sherghati (Dobhi) P.S. Case no. 569 of 2017 registered under sections 304B and 34 of the Indian Penal Code.

As per allegation in the FIR, the accused persons tortured the sister of the informant and ultimately killed her. It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. The petitioner happens to be the Devar of the deceased. From perusal of the FIR it would be evident that in the first part thereof there was no allegation against this petitioner. His name was added subsequently with other persons. The husband of the deceased is in custody and the mother- in-

Patna High Court CR. MISC. No.40945 of 2020(2) dt.11-02-2021 2/2 law of the deceased i.e. the mother of this petitioner has been enlarged on bail vide order dated 1.7.2020 (Annexure 2) passed in Cr. Misc. no. 18533 of 2020. The petitioner has no criminal antecedent and is in custody since 14.9.2019 i.e. for 1 year and 5 months.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner being in custody since 14.9.2019, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Sherghati (Dobhi) P.S. Case no. 569 of 2017 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 Additional Chief Judicial Magistrate, Sherghati, Gaya (Partha Sarthy, J) Prakash/- U