Patna High CourtCR. MISC./71051/2024bail granted

Sonu Yadav v. The State Of Bihar

2024-10-25Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71051 of 2024 Arising Out of PS. Case No.-300 Year-2020 Thana- ARWAL District- Jehanabad ====================================================== Sonu Yadav Son of Late Kedar Singh @ Kedar Yadav Resident of VillageMotha, P.S -Arwal, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arbind Kumar Singh, Advocate For the Opposite Party/s :

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

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-10-2024 Heard Mr. Arbind Kumar Singh, learned Counsel for the petitioner and Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.

2. Petitioner seeks regular bail who is in custody since 12.03.2020, in connection with Sessions Trial No. 246 of 2024/40 of 2024 arising out of Arwal P.S. Case No. 300 of 2020, FIR dated 25.09.2020, registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.

3. According to the prosecution case, the husband (petitioner) of the deceased along with other family members have killed the daughter of the informant due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R

Patna High Court CR. MISC. No.71051 of 2024(3) dt.25-10-2024 2/3 in fact the petitioner has informed the family members of the deceased that the deceased has committed suicide herself and further submits that it has come during the investigation that number of witnesses suggests that the deceased has committed suicide herself and a bare perusal of the postmortem report which suggests that no external injury was found on the person of the deceased apart from that other co-accused persons have been granted anticipatory bail vide order dated 21.03.2024 in Cr. Misc. No. 4855 of 2024 and the police submitted charge sheet, he is in custody since 12.03.2024.

5. The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is named in the F.I.R apart from that he is the husband of the deceased and death was performed within two years of marriage.

6. Considering the facts and circumstances of the case, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned 1st Additional District and Sessions Judge, Jehanabad in connection with Sessions Trial No. 246 of 2024/40 of 2024 arising out of Arwal P.S. Case No. 300 of 2020, subject

Patna High Court CR. MISC. No.71051 of 2024(3) dt.25-10-2024 3/3 to the following conditions:

(i). Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the learned trial Court and shall remain physically present as directed by the learned trial Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the learned trial Court.

(ii). If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(iii). And further condition that the learned trial Court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the learned trial Court shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Neha/- U T