Bipin Yadav @ Bipin Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54953 of 2016 Arising Out of PS.Case No. -140 Year- 2016 Thana -MURLIGANJ District- MADHEPURA ======================================================

1. Bipin Yadav @ Bipin Kumar Yadav Son of Sri Bhajanand Yadav Resident of Village - Chamgadh, Police Station - Murliganj, District - Madhepura (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mritunjay Kumar, Advocate For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The application is for grant of bail for the offence under Sections 302/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The allegation against the accused including the petitioner is that they committed murder of the deceased due to non-fulfillment of demand of dowry.

It is submitted that the petitioner is the husband of the deceased and the charge sheet has been submitted under Section 306, 498A and 201/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act against the petitioner. It has been submitted on behalf of the petitioner that in

Patna High Court Cr.Misc. No.54953 of 2016 (2) dt.22-12-2016 2/2 the impugned order itself it has been stated that this is a case of suicide and the petitioner has no concern with the death of the deceased. It has further been submitted that petitioner is in custody since 26.05.2016.

Heard learned A.P.P. also.

Having heard both sides and from perusal of the impugned order, it appears that cause of the death was due to asphyxia as a result of hanging.

Considering the aforesaid fact and the fact that petitioner is in custody for about more than six months, let petitioner 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 learned Chief Judicial Magistrate, Madhepura in connection with Murliganj P.S. Case No. 140 of 2016, G.R. No. 792 of 2016, subject to the condition that he will co-operate with the investigation and will present himself on each and every date fixed by the court below.

(Vinod Kumar Sinha, J) Vats/- U T