Langatu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30913 of 2018 Arising Out of PS.Case No. -394 Year- 2017 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Langatu Yadav S/o Late Mukhi Yadav, R/o Vill.- Kehsavban, P.S.- Majhaulia, District- West Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Majhaulia P.S. Case No.394 of 2017 registered for the offences punishable under Section 302/34 of the Indian Penal Code. Allegation as per F.I.R. is that this petitioner who is father-in-law of the deceased along with other co-accused committed murder as the demand of dowry was not fulfilled. Submission is that this petitioner had no concern with the affairs of deceased and her husband Manoj Yadav and he was residing with his younger son. The son of the petitioner was married for about 10 years ago. The allegation of committing murder of the deceased is omnibus and there is no eye witness to the occurrence. During investigation, the witnesses have stated that the deceased was suffering from illness. The allegation of
Patna High Court Cr.Misc. No.30913 of 2018 (3) dt.06-07-2018 demand of dowry is omnibus and the husband of deceased has already been arrested. The petitioner is in custody since 18.10.2017 and so he deserves bail.
The learned A.P.P. for the State opposed the submission.
Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhaulia P.S. Case No.394 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Sanjay Kumar, J) Harish/- U