Rambali Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53719 of 2023 Arising Out of PS. Case No.-583 Year-2022 Thana- BARH District- Patna ====================================================== Rambali Yadav Son Of Biru Yadav Resident Of Village - Bari Yarpur, P.S. - Barh, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304(B), 201, 328 and 34 of the Indian Penal Code.

Prosecution case relates to commission of murder of the informant's sister due to non-fulfillment of dowry demand. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is the husband of the deceased due to which he has falsely been implicated in this case. There is no eye witness of the alleged occurrence and no consistent evidence against the petitioner. General and omnibus allegation has been levelled against the petitioner. There is no prior complaint with respect to

Patna High Court CR. MISC. No.53719 of 2023(5) dt.18-12-2023 2/2 dowry demand, torture and harassment to the deceased against the petitioner. In fact, the deceased herself committed suicide by administering poison. It is further submitted that during investigation vide para 11, 12 and 13 of the case diary the witnesses have also stated that the dead body of deceased was cremated in presence of family members of both the parties. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 07.06.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barh P.S. Case No. 583 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Barh, Patna.

(Sunil Kumar Panwar, J) lata/- U T