Bihari Yadav @ Ram Bihari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77077 of 2018 Arising Out of PS. Case No.-135 Year-2018 Thana- SAKRI District- Madhubani ====================================================== Bihari Yadav @ Ram Bihari Yadav, Son of Late Yogeshwar Yadav, Resident of Village- Darahpura, P.S.- Sakri, District- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Sakri P.S. Case No. 135 of 2018 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

Informant is the uncle of deceased, who, in his fardbeyan has stated that marriage of his niece was solemnized with co-accused Vikas Yadav and thereafter she was being tortured by petitioner and other co-accused for non-fulfillment of demand of dowry and thereafter he got information that the petitioner and other family members have killed his niece. It has been submitted on behalf of the petitioner that petitioner is the father in law of deceased and residing separately from her husband and he has no concern with the

Patna High Court Cr.Misc. No.77077 of 2018(2) dt.21-12-2018 2/2 deceased. There is no specific allegation against petitioner only general and omnibus allegation against petitioner. It has been further submitted that husband of the decease namely Vikash Yadav is already in custody. Petitioner has no criminal antecedent and he is in custody since 14.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhubani, in connection with Sakri P.S. Case No. 135 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

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

(S. Kumar, J) veena/- U T