Harendra Prasad Yadav @ Harendra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63898 of 2019 Arising Out of PS. Case No.-31 Year-2018 Thana- BHAGWANPUR District- Vaishali ====================================================== HARENDRA PRASAD YADAV @ HARENDRA PRASAD S/o Kameshwar Prashad Resident of Village- Paharpur, P.S.- Bhagwanpur, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Jha, Adv.
For the Opposite Party/s :
Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-07-2020 Heard learned counsel appearing for petitioner as well as learned Additional Public Prosecutor Sri Mithilesh Kumar Khare appearing for State through video conferencing. Petitioner is in jail custody since 16.06.2019 in Bhagwanpur P.S. Case No.31/2018 registered under Section 302, 326, 307/34 of the IPC.
Petitioner happens to be husband of the deceased and according to prosecution case itself, the deceased was second wife of the petitioner. The informant claims that petitioner as well as his other family members used to torture the deceased on account of non-fulfillment of illegal demand and
Patna High Court CR. MISC. No.63898 of 2019(7) dt.13-07-2020 2/2 subsequently on 21.02.2018 petitioner and his other family members poured kerosene oil on the deceased and lit fire on her body and apart from this they also threw minor son of deceased into fire. However, deceased as well as her son both died during course of their treatment. Admittedly, the marriage of deceased had taken place with petitioner in the year 2009 and the alleged occurrence took place on 21.02.2018 i.e. after nine years of her marriage. Moreover, after due investigation police submitted charge sheet against the petitioner and others for the offence punishable under Section 306 of the IPC.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let petitioner be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Ist, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No.31/2018.
(Hemant Kumar Srivastava, J) Prakash Narayan /- U T