Bablu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58584 of 2023 Arising Out of PS. Case No.-147 Year-2023 Thana- KATORIYA District- Banka ====================================================== 1.

Bablu Kumar Yadav Son Of Budhan Yadav Resident Of Village- Devasi, Tola- Tulsi, Mahtodih, Ps- Katoriya, Dist- Banka 2.

Manika Devi Wife Of Budhan Yadav Resident Of Village- Devasi, TolaTulsi, Mahtodih, Ps- Katoriya, Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 It appears that vide order dated 14.09.2023, petitioner No. 2 has been granted bail.

Heard learned counsel for the petitioner No. 1 and learned A.P.P for the State.

The petitioner No. 1 is languishing in custody in a case registered for the offences punishable under Sections 304(B), 120/34 of the Indian Penal Code. It is a case of commission of murder of the daughter of the informant by all her in-laws family members including the petitioner No. 1 for nonfulfillment of dowry demand.

Patna High Court CR. MISC. No.58584 of 2023(3) dt.12-10-2023 2/3 It is submitted by learned counsel for the petitioner No. 1 that petitioner No. 1 is innocent and he has falsely been implicated in this case. The petitioner No. 1 is husband of the deceased. There is no prior complaint against him. The deceased herself has committed suicide by drowning herself in the pond and no external and internal injury was found during postmortem of the victim. During the course of investigation, it was found that it is a case of suicide, hence, charge-sheet has been submitted under Section 306 I.P.C. There is no eye witness to the occurrence. The petitioner No. 1 is in custody since 15.05.2023. A statement has been made in para 3 of the petition that petitioner has clean antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner No. 1 is husband of the deceased and he was fully responsible for commission of murder of the deceased.

Patna High Court CR. MISC. No.58584 of 2023(3) dt.12-10-2023 3/3 Considering the facts aforesaid and the period under custody, let the petitioner No. 1, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Katoriya P.S. Case No. 147 of 2023.

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