Karu Yadav @ Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49610 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- JAIPUR District- Banka ====================================================== Karu Yadav @ Sunil Yadav Son Of Late Hiraman Yadav Resident Of VillageBabukura, Ps- Jaipur, Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code.

3. Allegation against the petitioner along with his family is that they committed murder of the informant's daughter due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner is the husband of the deceased due to which he has falsely been implicated in this case. There is no prior complaint in respect of dowry demand, harassment and assault. The petitioner blessed with two child out of the said wedlock. It is further submitted from para-12 of this petition that the mental condition of the

Patna High Court CR. MISC. No.49610 of 2023(4) dt.16-10-2023 2/2 deceased is not well. The present occurrence is committed by herself(deceased) hanging in a room. The postmortem report has not determined the cause of death of the deceased as per doctor and Viscera report also shows that no any metallic, Glycosidal, pesticidal and volatile poison has detected. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. After investigation, charge sheet has been submitted under Section 306 of the IPC. Moreover, the petitioner is languishing in judicial custody since 20.04.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jaipur P.S. Case No. 14 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka.

(Sunil Kumar Panwar, J) Shubham/- U T