Patna High CourtCR. MISC./57863/2023bail granted

Rajendra Yadav v. The State Of Bihar

2023-09-01Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57863 of 2023 Arising Out of PS. Case No.-66 Year-2022 Thana- NALANDA District- Nalanda ====================================================== RAJENDRA YADAV S/O BAUDHU YADAV R/O VILLAGE- SUNDAR BIGHA, PS. NALANDA, DIST. NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in judicial custody in connection with Nalanda P.S. Case No. 66 of 2022 registered under Sections 304B, 201 and 34 of the Indian Penal Code lodged on 07.04.2022 by the informant, Vinod Yadav.

3. As per the prosecution story, the allegation is that the petitioner's son was married to the lady and the marriage took place in 2021 but was tortured for dowry and within 10 months, she was killed. Accordingly, the FIR.

4. It is the case of the petitioner that he is an aged person living separately, nothing to do with the couple, only suffered because he is the father-in-law of the petitioner, is in custody since 17.11.2022 (as stated in paragraph- 4 of the

Patna High Court CR. MISC. No.57863 of 2023(2) dt.01-09-2023 2/3 petition) and do not have criminal antecedent.

5. Learned APP opposes the prayer for bail.

6. Considering the aforesaid submission put for ward by the learned counsel for the petitioner, he is father-inlaw, custody since 17.11.2022 and charge sheet stands submitted, this Court is inclined to grant him privilege of bail.

7. Let the petitioner be released on bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda (Biharsharif) in connection with Nalanda P.S. Case No. 66 of 2022 subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

Patna High Court CR. MISC. No.57863 of 2023(2) dt.01-09-2023 3/3 (iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U T