Patna High CourtCR. MISC./53363/2018bail granted

Birendra Yadav @ Bijendra Yadav v. The State Of Bihar

2018-10-08Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53363 of 2018 Arising Out of PS.Case No. -380 Year- 2017 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ====================================================== Birendra Yadav @ Bijendra Yadav S/o Late Rajju Yadav, R/o Vill.- Poraee, P.S.- Harnaut, District- Nalanda.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.

Petitioner along with other accused persons is said to have committed dowry death of the daughter of the informant. It is submitted by learned counsel for the petitioner that no such occurrence as alleged took place. He had neither made any dowry demand nor subjected the victim to torture nor eliminated her. The allegation levelled against him is not specific rather general and omnibus in nature. As a matter of fact, the petitioner has been living separately with the husband of the

Patna High Court Cr.Misc. No.53363 of 2018 (3) dt.08-10-2018 2/2 deceased since 7-8 years back of the marriage and he has no concern with the money demanded by the husband of the deceased for doing business. He also does not happen to be beneficiary of the said demand. He has been languishing in custody since 24.04.2018. The petitioner happens to be father-in-law and mother-in-law, namely, Koshma Devi @ Bimla Devi of the deceased has been enlarged on anticipatory bail by a co-ordinate bench of this Court vide order dated 19.06.2018 passed in Cr. Misc. No. 26104 of 2018.

Considering the facts aforesaid, the above named petitioner is directed to 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 the learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Harnaut P.S. Case No. 380 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T