Naro Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.51200 of 2015 (4) dt.23-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51200 of 2015 Arising Out of PS.Case No. -1 Year- 2013 Thana -ASHTHWAN District- NALANDA (BIHARSHARIFF) ======================================================

1. Naro Yadav Son of Churaman Singh, resident of Village- Asthawan, P.S.- Asthawan, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Sinha For the Opposite Party/s : Mr. Ashok Kr.Singh No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Asthawan P.S. Case No. 01 of 2013 registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code. Pratima Kumari, the daughter of the informant was married to Vicky Kumar, the son of the petitioner, on 29.06.2012 and thereafter, due to non-fulfillment of demand of dowry she was being tortured and assaulted and ultimately, she was killed by the petitioner and other in-laws and her dead body was also made traceless. During investigation the skeleton of the deceased was recovered.

Submission is of false implication and that the petitioner is old father-in-law, he has been living separately from the

Patna High Court Cr.Misc. No.51200 of 2015 (4) dt.23-02-2016 deceased and her husband, there is no specific allegation against the petitioner, the petitioner is suffering from various type of diseases, chargesheet has already been submitted and as such the petitioner who is suffering in custody since 07.05.2015 deserves sympathetic consideration to which learned APP oppose. In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri A. K. Das, J. M. Ist Class, Nalanda at Bihar Sharif in connection with Asthawan P.S. Case No.

01 of 2013, 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) avin/- U T