Bhola Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8295 of 2021 Arising Out of PS. Case No.-569 Year-2017 Thana- SHERGHATI District- Gaya ====================================================== BHOLA YADAV Son of Late Baleshwar Yadav Resident of Village - Mohandih, P.S.- Dobhi, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

: APP .

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Sherghati Dobhi P.S. Case No. 569 of 2017 registered under sections 304B and 34 of the Indian Penal Code.

As per allegation in the F.I.R., the sister of the informant who was married to the son of the petitioner herein was done to death for non-fulfillment of the demand of dowry. It is stated that the informant is convinced that the petitioner along with others strangulated her as a result of which she died. It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and incorrect. The petitioner happens to be the father-in-law of the

Patna High Court CR. MISC. No.8295 of 2021(3) dt.06-07-2021 2/3 deceased. He is in custody since 14.9.2019 and has no criminal antecedent. The mother-in-law of the deceased, wife of the petitioner herein has been enlarged on bail vide order dated 1.7.2020 (Annexure-2). The petitioner undertakes to abide by all the conditions which may be laid by this Court for his being enlarged on bail.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner being the father-in-law, his having remained in custody for 1 year 9 months and the husband of the deceased being in custody, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Sherghati (Dobhi) P.S. Case No. 569 of 2017 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sherghati, Gaya.

In the facts and circumstances of the case, it is directed that the petitioner shall cooperate in the trial and shall remain present in Court on each date of the trial. In case of the petitioner's absence on any date for reasons not to the

Patna High Court CR. MISC. No.8295 of 2021(3) dt.06-07-2021 3/3 satisfaction of the learned Trial Court or in case the learned Trial Court is of the opinion that the trial is being delayed due to conduct of the petitioner, the learned Trial Court will be at liberty to cancel the bail bond of the petitioner and take him into custody till conclusion of the trial.

(Partha Sarthy, J) Prakash/- U T