Patna High CourtCR. MISC./70394/2024bail granted

Pappu Yadav @ Pappu Kumar @ Pappu Kumar Yadav v. The State Of Bihar

2024-12-17Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70394 of 2024 Arising Out of PS. Case No.-48 Year-2023 Thana- BARBIGHA District- Sheikhpura ====================================================== Pappu Yadav @ Pappu Kumar @ Pappu Kumar Yadav S/o- Krishna Yadav Village- Bari Musapur PS-Barbigha kewti op District-Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-12-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in the present case registered for the offence under Sections 302, 304(B) and 201/34 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner is that he along with other co-accused have tortured and killed his wife for demand of dowry.

4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. He further submits that the deceased died due to illness and there was no demand of dowry and torture. There is no previous

Patna High Court CR. MISC. No.70394 of 2024(2) dt.17-12-2024 2/3 report of any such torture with the police. The marriage is of the year 2017 and two children were born out of the wedlock, and they are aged about 4 years and 2 years. He also submits that the children are staying with their grandparents. Children have lost their mother and by keeping the petitioner in custody, children will come on roads.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the fact of the case and also considering the welfare of the two minor children, this application for regular bail is allowed.

7. Let the petitioner, above named, 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 the learned Addl. District and Sessions Judge- IIIrd, Sheikhpura/concerned Court below in connection with Barbigha (Kewti O.P.) P.S. Case No. 48 of 2023 subject to conditions that:- (i) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial.

(ii). The Court below will verify the fact that as to whether the children are staying with their grandparents or not at the

Patna High Court CR. MISC. No.70394 of 2024(2) dt.17-12-2024 3/3 time of accepting the bail bond. If the court below finds that the children are not staying with their grandparents then the bail bond of the petitioner shall not be accepted.

(Sandeep Kumar, J) Shishir/- U T