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Patna High CourtCR. MISC./43446/2014bail granted

Umesh Yadav v. The State Of Bihar

2015-02-04Mr. Justice Dharnidhar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43446 of 2014 Arising Out of PS.Case No. -61 Year- 2014 Thana -BIND District- NALANDA (BIHARSHARIFF) ======================================================

1. Umesh Yadav, son of Ramji Yadav, Resident of village - Madanchak, P.S. Bind, Distt. - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Shri Satya Prakash, Advocate For the Opposite Party/s : Shri Dashrath Mehta, A.P.P For the Informant : Shri A.B.Ojha, Advocate. ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 04-02-2015 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner is not named n the F.I.R. of Bind P.S. Case No. 61 of 2014 under Sections 304B/34 of the Indian Penal Code.

The submission was that the petitioner was the brother of the husband's father.

Shri A.B.Ojha, learned counsel for the informant vehemently opposed the prayer for bail by submitting that it was

Patna High Court Cr.Misc. No.43446 of 2014 (3) dt.04-02-2015 2 / 2 the present petitioner who was the chief architect of the offence as he was pestering the deceased and her parents to pay additional dowry, else, to reap the consequences.

In counter to the submission of Shri Ojha, learned counsel for the petitioner submitted that if it were so, then the name of the petitioner ought to have been included in the F.I.R. Regard being had to the facts of the case, let petitioner Umesh Yadav be released on bail on his furnishing a bail bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif.

(Dharnidhar Jha, J) Kanth/- U T