Patna High CourtCR. MISC./63060/2023bail granted

Komal Yadav v. The State Of Bihar

2023-10-06Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63060 of 2023 Arising Out of PS. Case No.-224 Year-2022 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Komal Yadav, aged about 27 years (Male), Son Of Dadan Yadav @ Dadan Singh Yadav, Resident Of Village Amiaura, P.S. Kudra, District-Kaimur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ashok Kumar Garg, Advocate For the Opposite Party :

Mr. Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No. 470 of 2022, arising out of Kudra P.S. Case No. 224 of 2022 dated 17.08.2022 registered for the offence punishable under Sections 363, 365, 498(A), 506/34 of the Indian Penal Code. Later on, Sections 302, 304B and 201 of the I.P.C. were also added.

3. As per the prosecution case, the petitioner and the other co-accused persons committed murder of the daughter of the informant due to non-fulfilment of demand of dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.63060 of 2023(2) dt.06-10-2023 2/3 this case. The petitioner has clean antecedent, as stated in paragraph no. 3 of the bail petition. It is further submitted that the general and omnibus allegation has been made against the petitioner. The petitioner neither demanded any dowry nor tortured the deceased. The petitioner is the husband of the deceased. Other co-accused person has been granted bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 695 of 2023 under order dated 27.06.2023. He is in custody in this case since 01.09.2022.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Kaimur at Bhabua, in connection with Sessions Trial No. 470 of 2022, arising out of Kudra P.S. Case No. 224 of 2022 with the condition:- (I) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive

Patna High Court CR. MISC. No.63060 of 2023(2) dt.06-10-2023 3/3 dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T