Vinay Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27157 of 2017 Arising Out of PS.Case No. -94 Year- 2017 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================
1. Vinay Kumar, Son of Sri Laldhari Yadav, R/o Village- Yamuna Pur, P.S.- Noor Sarai, District- Nalanda.
2. Akhlesh Yadav @ Akhilesh Yadav, Son of Siyasharan Yadav, R/o Village & Mohalla Mahal Par, P.S.- Biharsharif, District- Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Harsh Singh For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-07-2017 Petitioner no. 2 has already been granted bail by a Coordinate Bench of this Court under order dated 01.07.2017. Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Noorsarai P.S. Case No. 94/2017, G.R. No. 1619/2017 for offences punishable under Sections 304-B, 201/34 of the Indian Penal Code. The prosecution case, as lodged by the father of the deceased, is that his daughter Pinki Kumari was married to one Raj Ballabh Yadav 10 years back and has three issues but due to non-fulfillment of demand of dowry the petitioner along with
Patna High Court Cr.Misc. No.27157 of 2017 (3) dt.14-07-2017 2/2 other accused persons including the husband has killed her. It has been submitted by the learned counsel for the petitioner that he is the Dewar of the deceased and the allegations made are general and omnibus. He submits that the informant has retracted from his statement and stated that his signature was obtained on blank paper and his daughter died of diarrhoea, which is also supported by the sister of the deceased in her statement before the police, who is married in the same family. It is submitted that the petitioner has no criminal history and that he is languishing in custody since 28.04.2017 and on the same allegations another petitioner has already been granted the privilege of bail.
However, learned APP for the State opposes the prayer for bail.
Be that as it may, let petitioner no. 1, above named, 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 S.D.J.M., Biharsharif, Nalanda, in connection with Noorsarai P.S. Case No. 94/2017, G.R. No. 1619/2017.
(Nilu Agrawal, J) Rajesh/- U T