Ram Sewak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61052 of 2021 Arising Out of PS. Case No.-476 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== RAM SEWAK YADAV Son of Late Shankar Yadav Resident of Village - Ekbara, P.S. - Khajauli, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Narain Yadav For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Jainagar Police Station Case No. 476 of 2019 registered for the offence punishable under Sections 304B/201/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the marriage of the sister-in-law of informant was solemnized with co-accused, Rakesh Yadav, about two years ago and after some time, the husband of the victim started demanding motorcycle by way of dowry and due to non fulfillment of the said demand, the accused persons killed the sister-in-law of the informant and tried to burn the dead body with the help of the petitioner and others.

Patna High Court CR. MISC. No.61052 of 2021(2) dt.10-02-2022 2/3 Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. He further submits that there is no allegation against the petitioner of torture and demand of dowry from the victim and her family members. He further submits that the petitioner is the covillager and the only allegation against the petitioner is that he co-operated the accused persons in disposing the dead body of the deceased. He further submits that similarly situated coaccused, Ramadhin Yadav, has been granted bail by this Court, vide order, dated 05.01.2022, passed in Criminal Misc. No. 35831 of 2021. He further submits that the petitioner is in custody since 23.03.2021, having no criminal antecedent and charge sheet has already been submitted against him and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused has been granted bail by this Court, he is in custody since 23.03.2021 and the chargesheet has already been submitted in the matter, I am inclined to grant regular bail to the petitioner.

Patna High Court CR. MISC. No.61052 of 2021(2) dt.10-02-2022 3/3 This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani, in connection with Jainagar Police Station Case No. 476 of 2019. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √