Pintu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70071 of 2021 Arising Out of PS. Case No.-143 Year-2019 Thana- ARIYARI District- Sheikhpura ====================================================== PINTU YADAV S/o Rajo Yadav R/o village- Mahuli, P.S.- Ariyari Sheikhpura, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-01-2022 Heard Mr. Bipin Kumar, learned counsel for the petitioner and Mr. Syed Ehteshamuddin, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Ariyari P.S. Case No. 143 of 2019 registered for the offence punishable under Section 304B/34 of the Indian Penal Code. This is second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected by this Court vide order dated 09.11.2020 passed in Cr. Misc. 23011 of 2020 with liberty to renew his prayer for grant of regular bail after one year if the trial does not show any progress.

The allegation against the petitioner is that he along

Patna High Court CR. MISC. No.70071 of 2021(3) dt.19-01-2022 2/3 with other accused persons have killed the daughter of the informant by hanging due to none-fulfillment of demand of dowry. The petitioner is husband of the deceased. Learned counsel for the petitioner submits that the petitioner is in custody since 29.10.2019 and the trial is not likely to be concluded in near future.

This Court by order dated 22.12.2021 had called for a report from the trial court regarding stage of trial and in pursuance thereof, the report of learned District & Sessions Judge, Sheikhpura, dated 05.01.2022, is on record and from perusal of the same, it appears that out of twelve charge-sheet witnesses, only three witnesses have been examined. Regards being had to the submission made by the parties and taking into consideration the material on record, the fact that the petitioner is in custody since 29.10.2019, nine charge sheet witnesses are yet to be examined, the trial is not likely to be concluded in near future due to Covid-19 pandemic and this is second attempt for grant of bail on behalf of the petitioner, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.70071 of 2021(3) dt.19-01-2022 3/3 the satisfaction of learned Sub Divisional Judicial Magistrate, Sheikhpura, in connection with Ariyari P.S. Case No. 143 of 2019 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T