Ramdashi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46191 of 2022 Arising Out of PS. Case No.-188 Year-2021 Thana- IMAMGANJ District- Gaya ====================================================== RAMDASHI YADAV Son of Late Moti Yadav R/v- Mainka/ Menaka, P.SImamganj, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Imamganj PS case no. 188 of 2021 instituted for the offences punishable under Section 304-B/34 of Indian Penal Code.

The case of the prosecution in brief is that the accused persons including the petitioner, who is the father-inlaw of the deceased victim lady, had killed the daughter of the informant on account of non-fulfilment of the demand for dowry.

The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in

Patna High Court CR. MISC. No.46191 of 2022(2) dt.16-12-2022 2/3 the present case, is having a clean antecedent and is languishing in custody since 24.03.2022. The learned counsel for the petitioner, by referring to paragraphs no. 9 and 10 of the present petition, has submitted that firstly, the petitioner is living separately from the deceased victim lady and her husband and secondly, the husband of the deceased victim lady namely Sujai Yadav is already in judicial custody, hence, no prejudice would be caused to the prosecution, in case, bail is granted to the ageing father-in-law i.e. the petitioner herein. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is father-in-law of the deceased victim lady, is stated to be living separately from the deceased victim lady and her husband apart from the fact that the husband of the deceased victim lady i.e. the son of the petitioner is already in judicial custody, I deem it fit and appropriate to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed

Patna High Court CR. MISC. No.46191 of 2022(2) dt.16-12-2022 3/3 to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Gaya in connection with Imamganj PS case no. 188 of 2021.

(Mohit Kumar Shah, J) rinkee/- U T