Patna High CourtCR. MISC./47595/2015bail granted

Saheb Yadav v. The State Of Bihar

2015-11-02Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47595 of 2015 Arising Out of PS.Case No. -246 Year- 2011 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Saheb Yadav, Son of Rogi Yadav, Resident of Village - Golaghat Dumari, P.S - Yogapatti, District - West Champaran.

....... Petitioner

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj,Advocate For the Opposite Party/s : Mr. Jagdhar Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-11-2015 This is an application for grant of regular bail in favour of the petitioner who is an accused in connection with Yogapatti PS Case No. 246 of 2011 for the alleged offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

Petitioner is the husband of the deceased. Learned counsel for the petitioner submits that on the basis of allegation as contained in the First Information Report, no offence under Section 304B IPC is made out inasmuch as there is no allegation that immediately before the death of the deceased there was any demand of dowry by the petitioner or his family members. He further submits that there is vague allegation that marriage between the petitioner and the deceased had taken place nearly 6-7

Patna High Court Cr.Misc. No.47595 of 2015 (2) dt.02-11-2015 2/2 years ago. He submits that marriage had actually taken much more than 7 years before the death of the deceased. Considering the submission as above, this application is allowed.

Let the petitioner 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, West Champaran at Bettiah in Yogapatti PS Case No. 246 of 2011.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) mrl U T