Bharat Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46006 of 2019 Arising Out of PS. Case No.-20 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== BHARAT YADAV, Son of Basawan Yadav, Resident of Bhagirath Tola, P.S.- Naubatpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Samrendra Kumar Jha For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Naubatpur P.S. Case No. 20 of 2019, disclosing the offences under Sections 498(A), 304(B), 201 and 120(B) of the Indian Penal Code.

The deceased who died in January, 2019, was married to the petitioner's son in May, 2018. There is allegation of demand of dowry made by the family members of the husband of the deceased and the husband also. The husband of the deceased is in custody.

The post mortem report indicates fracture of right cartilage and ligature mark over the neck of the deceased. Asphyxia by strangulation leading to Cardio Respiratory failure

Patna High Court CR. MISC. No.46006 of 2019(5) dt.16-11-2019 2/3 has been opined as reason behind the death of the deceased. Learned counsel for the petitioner contends that there is vague allegation against the family members of the husband of the deceased of demand of dowry. He has submitted that there is no material to suggest direct involvement of this petitioner in commission of the offence. In any event, it is submitted, the petitioner shall present himself before the Police or the Court as and when required.

Considering the above facts and circumstances of the case, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand), with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Danapur, in connection with Naubatpur P.S. Case No. 20 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail

Patna High Court CR. MISC. No.46006 of 2019(5) dt.16-11-2019 3/3 Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T