Akhilesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80620 of 2018 Arising Out of PS. Case No.-92 Year-2018 Thana- BHAWANIPUR District- Purnia ====================================================== Akhilesh Yadav Son of Bindeshwari Yadav, Resident of Village- Suraiti, P.S. Bhawanipur Akbarpur, District- Purnea.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijendra Kumar Singh For the Opposite Party/s :
Mr.Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Bhawanipur (Akbarpur) P.S. Case No. 92 of 2018 registered for the offence punishable under Sections 364, 370, 34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.
Allegation against the petitioner is of killing the daughter of the Informant for non fulfillment of demand of dowry along with FIR named accused.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has
Patna High Court CR. MISC. No.80620 of 2018(3) dt.26-02-2019 2/3 been further submitted that petitioner never demanded dowry or subjected her to cruelty. There was love marriage and two children were born from the said wedlock. Due to hot discussion between the petitioner and daughter of the informant the deceased took poison. Petitioner has got no criminal antecedent and is in custody since 22.06.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Bhawanipur (Akbarpur) P.S. Case No. 92 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court
Patna High Court CR. MISC. No.80620 of 2018(3) dt.26-02-2019 3/3 below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) ranjan/- U