Congress Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70207 of 2023 Arising Out of PS. Case No.-336 Year-2022 Thana- SHERGHATI District- Gaya ====================================================== Congress Yadav S/O Late Paplu Yadav R/O Village- Tetariya, P.S- Sherghati, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the State :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304(B)/34 of the Indian Penal Code.

3. Prosecution case relates to commission of murder of the informant's sister due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is the husband of the deceased due to which he has falsely been implicated in this case. There is no prior complaint in respect of torture, harassment and assault or dowry demand. It is further submitted that as per the postmortem report which is

Patna High Court CR. MISC. No.70207 of 2023(3) dt.07-02-2024 2/2 mentioned in para 22 of the case diary, the doctor opined that there is no any visible external and internal injury present. It is also submitted that good sense has been prevailed between the parties and compromise petition is annexed as Annexure-2 to the petition. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 11.05.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sherghati P.S. Case No. 336 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sherghati, District-Gaya.

(Sunil Kumar Panwar, J) lata/- U T