Rajesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48585 of 2015 Arising Out of PS.Case No. -1 Year- 2015 Thana -KARPI District- JEHANABAD ======================================================
1. Rajesh Yadav Son of Jay Prakash Yadav resident of Dumari, P.S. Dulhin Bajar, District - Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. S.D.Singh Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.
The petitioner seeks bail in a case for the offences punishable under sections 304 (B), 34 and 201 of the I.P.C Lalti Devi, the daughter of the informant, was married to the petitioner three years ago and allegedly due to non fulfillment of demand of gold chain and she-buffalo she was being tortured and assaulted and ultimately she was killed by the petitioner and other in-laws on 25.05.2014 and her dead body was also cremated.
Submission is of false implication and that there was cordial relation between the petitioner and his wife, earlier no complaint of any kind was filed regarding demand of dowry, the informant was informed properly regarding the death as wife of the petitioner due to some dispute committed suicide and in
Patna High Court Cr.Misc. No.48585 of 2015 (5) dt.15-02-2016 2/2 presence of the informant the dead body was cremated but later on as the demand of the informant was not fulfilled he lodged complaint case on 07.06.2014 with wrong allegation, during investigation the Dy. S.P. during supervision has found that the wife of the petitioner due to some dispute consumed poison and as such the petitioner deserves sympathetic consideration. The learned A.P.P. opposes prayer for bail by submitting that the petitioner is the husband. In the facts and circumstances as stated above, considering that the charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence and as the petitioner is directed to be released on bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Arwal in Karpi P.S. Case No. 01 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) Abhay/- U T