Patna High CourtCR. MISC./50683/2024bail granted

Baleshwar Yadav v. The State Of Bihar

2024-07-19Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50683 of 2024 Arising Out of PS. Case No.-355 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== Baleshwar Yadav S/O Late Gokhul Yadav R/O Village- Kahudag Dakbangla, P.S- Barachatti, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-07-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for grant of regular bail in connection with S.Tr. no. 435 of 2024/133 of 2024 (arising out of Barachatti P.S. Case no. 355 of 2023) registered under section 304B of the Indian Penal Code.

3. As per the prosecution case, the informant states that his daughter was married to the petitioner herein. Seven named accused persons including the petitioner herein tortured his daughter for demand of dowry, threatened her that she would

Patna High Court CR. MISC. No.50683 of 2024(2) dt.19-07-2024 2/3 be killed and ultimately she was done to death.

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 9.4.2024 (Annexure-1) passed in Cr. Misc. no. 608 of 2024 giving liberty to the petitioner to renew his prayer for bail after framing of charge. The petitioner is in custody since 2.7.2023 and charge has been framed in the learned trial Court on 13.6.2024 (Annexure- 3) against the petitioner under sections 306 and 34 of the Indian Penal Code. The petitioner undertakes to cooperate in the trial.

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

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the petitioner being in custody since 2.7.2023, his not having any criminal antecedent, the liberty granted in the earlier order of rejection dated 9.4.2024 and charge having been framed in the learned trial Court under sections 306 and 34 of the Indian Penal Code, the petitioner is directed to be enlarged on bail in connection with S.Tr. no. 435 of 2024/133 of 2024 (arising out of Barachatti P.S. Case no. 355 of 2023) on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the

Patna High Court CR. MISC. No.50683 of 2024(2) dt.19-07-2024 3/3 like amount each to the satisfaction of learned Additional District & Sessions Judge, Sherghati, Gaya.

(Partha Sarthy, J) Harsh/- U T