Saman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5109 of 2021 Arising Out of PS. Case No.-27 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== Saman Yadav Son Of Late Lochan Yadav R/O Village- Gardhijam, P.S.- Dobhi, District- Gaya. ... Petitioner

Versus

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

For the Petitioner :

Mr. Krishna Prasad Singh, Senior Advocate and Mr Bhaskar Shankar, Advocate For the Opposite Party :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-04-2021 This matter is taken up for consideration through Video Conferencing.

Learned counsel for the petitioner is permitted to correct age of the petitioner mentioned in cause title of the bail petition.

Heard learned counsel for the petitioner, the State and the informant.

The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 304B/34 of the Indian Penal Code.

As per the prosecution case, daughter of the informant was married to Satish Yadav in 2019. Soon thereafter, all the accused persons including the petitioner started demanding dowry and due to non-fulfilment of the demand of dowry, they

Patna High Court CR. MISC. No.5109 of 2021(2) dt.06-04-2021 2/3 subjected her to cruelty and harassment and on 21.1.2020 all accused persons including this petitioner killed her. Learned counsel for the petitioner submits that the petitioner is father in law of the deceased and there is general and omnibus allegation against 12 persons of the family. Petitioner is separate in mess and property as such he has no concern with the affairs of the deceased and her husband. Husband of the deceased is already in custody and this petitioner is in custody since 29.6.2020.

Learned counsel for the State and the informant oppose the prayer for bail submitting that there is allegation against the petitioner that he along with other accused persons killed the informant's daughter for dowry.

Considering the facts and circumstances of the case and the fact that husband of the deceased is already in custody and there is general and omnibus allegation against the petitioner, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Sherghatti, Gaya in Sherghatti Police Station Case No. 27 of 2020 on the following conditions:-

Patna High Court CR. MISC. No.5109 of 2021(2) dt.06-04-2021 3/3

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T