Sitaram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68109 of 2021 Arising Out of PS. Case No.-233 Year-2020 Thana- GURUA District- Gaya ====================================================== Sitaram Yadav Son of Late Dashrath Yadav @ Dasu Yadav Resident of Village- Pachmah, P.S- Gurua, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmesh Kumar, Advocate For the State :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-05-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.

As per prosecution case, in brief, is that the marriage of the informant's daughter Pooja Devi was solemnized two years back from the date of occurrence with Deepak Yadav but demand of motorcycle and cash of Rs. 2,00,000/- in dowry was being made by the husband and his family members failing which they had threatened to kill his daughter. It is further alleged that on

Patna High Court CR. MISC. No.68109 of 2021(3) dt.09-05-2022 2/3 15.10.2020 the daughter of the informant expressed her apprehension that she may be killed by the accused persons. After knowing the apprehension, the informant visited her sasural on the next day, but on the same day at 8:00 P.M. it was informed by one unknown person to the informant that his daughter had been killed and her dead body is being cremated. Informant and his family members reached the cremation ground at 09:00 P.M. and found the dead body of his daughter half burnt and thereafter he informed the police regarding the whole incident.

Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case. In fact, the petitioner is father-inlaw of the deceased and it also appears from the F.I.R. that there is general and omnibus allegation against the petitioner and there is no direct allegation against the petitioner. He further submits that the husband of the deceased is in custody and the police after investigation submitted chargesheet against the petitioner. The petitioner is in custody since 15.07.2021. Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.68109 of 2021(3) dt.09-05-2022 3/3 sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Hajipur Gurua P.S. Case No. 233 of 2020, with the following conditions :-

(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 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 witness, 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) Ibrar//- U T