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Patna High CourtCR. MISC./40682/2020bail granted

Jagdeo Yadav v. The State Of Bihar

2021-08-10Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40682 of 2020 Arising Out of PS. Case No.-41 Year-2020 Thana- KATORIYA District- Banka ====================================================== JAGDEO YADAV S/o Late Hari Yadav R/o Village- Beloni, P.S.- Katoria, District- Banka ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar- Advocate For the Opposite Party/s :

Mr. Binod Kumar No.2- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-08-2021 Heard Mr. Praveen Kumar, the learned Advocate for the petitioner and Mr. Binod Kumar No.2, the learned APP for the State.

The petitioner who is the father-in-law of the deceased seeks bail in anticipation of his arrest in connection with Katoria P. S. Case No.41 of 2020, instituted for the offences under Sections 302, 201, 34 of the Indian Penal Code.

The accusation in the F.I.R. is that the deceased was done to death because of non-fulfilment of dowry demand.

The learned Advocate for the petitioner has submitted that the husband of the deceased (son of the

Patna High Court CR. MISC. No.40682 of 2020(4) dt.10-08-2021 2/3 petitioner) had been staying separately from him and that petitioner was absolutely unaware of the family life of his son. The dead body was found in a jungle with strangulation mark on her neck. A station diary entry is also recorded in which the sons of the informant are witnesses. The investigation reports do not disclose anything which could point towards the complicity of the petitioner in the offence. No doubt, the deceased is the daughter-inlaw of the petitioner but in the present case, because of the fact that the petitioner was residing separately from his son (husband of the deceased), he does not have any idea about such occurrence.

The husband of the deceased is in custody.

Regard being had to the facts afore-stated, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Katoria P. S. Case No.41 of 2020,

Patna High Court CR. MISC. No.40682 of 2020(4) dt.10-08-2021 3/3 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) vikash/- U T