Vijay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4151 of 2021 Arising Out of PS. Case No.-282 Year-2019 Thana- JHAJHA District- Jamui ====================================================== VIJAY YADAV S/o Heman Yadav R/o village- Maghi, P.S.- Laxamipur, District- Jamui ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr. N. N. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-06-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. The petitioner is apprehending his arrest in a case registered under Sections 498(A), 304(B), 506/34, 328 of the Indian Penal Code.

Allegation against the accused persons is of committing torture and assault and thereafter caused death of the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Though the petitioner, who is a truck driver, happens to be husband of the

Patna High Court CR. MISC. No.4151 of 2021(3) dt.23-06-2021 2/2 deceased but at the time of occurrence, he was not there at the place of occurrence. From perusal of paragraph nos. 8, 9, 10, 58 and 59 of the case diary, it appears that the deceased is said to have committed suicide. Hence, no offence under Section 304(B) IPC is made out. At best, it is a case for an offence under Section 306 IPC. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances and also the lockdown, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned S.D.J.M., Jamui in connection with Jhajha P.S. Case No. 282 of 2019 (G.R. No. 2726/19), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T