Pradeep Yadav @ Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54225 of 2022 Arising Out of PS. Case No.-158 Year-2019 Thana- BARH District- Patna ====================================================== Pradeep Yadav @ Pradeep Kumar Son Of Lakshmi Yadav Resident Of Village- Dhelwan Gosain, P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gyanendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B), 120(B) and 201 of the Indian Penal Code.

According to prosecution case, all the accused persons including the petitioner killed the daughter of the informant due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.54225 of 2022(3) dt.04-04-2023 2/3 marriage was performed with the deceased 11 years ago with the petitioner, so no case is made out under Section 304(B) of the Indian Penal Code. He further submits that in fact, the deceased had committed suicide herself due to misery hardship. He further submits that it has come during investiation in paragraph nos. 71, 72 and 73 of the case diary that the deceased had committed suicide herself. He further submits that the police after investigation submitted the charge sheet under Sections 306, 120(B) and 201 of the Indian Penal Code against the petitioner. The petitioner is in custody since 24.06.2022. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances, 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 the learned Court below where the case is pending in connection with Barh P.S. Case No.

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two

Patna High Court CR. MISC. No.54225 of 2022(3) dt.04-04-2023 3/3 consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T