Yogendra Sah @ Yogi Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65237 of 2019 Arising Out of PS. Case No.-413 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== YOGENDRA SAH @ YOGI SAH Son of Late Jiyalal Sah, Resident of Village - Parsaha, P.S. and District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-03-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Saharsa Sadar P.S. Case No. 413 of 2019 for the offence punishable under Sections 304B, 201/34 of the Indian Penal Code.

The allegation is regarding the accused persons having tortured and administered poison to the deceased victim lady, resulting in her death on account of non-fulfillment of demand for dowry.

The learned counsel for the petitioner has submitted that the petitioner is the father-in-law of the deceased victim lady and the husband has already been granted regular bail by a co-ordinate Bench of this Court vide order dated 23.01.2020

Patna High Court CR. MISC. No.65237 of 2019(4) dt.04-03-2020 2/3 passed in Cr. Misc. No. 64351 of 2019.

Having heard the learned counsel for the petitioner and considering the materials on record as also the contents of the case diary, it appears that the deceased victim lady had consumed poison in a fit of anger, thereafter she was rushed to the hospital by the accused persons, however, in spite of best medical care, she could not be saved. In fact, in the case diary the statement of the compounder of the hospital has also been recorded, who has stated that the deceased victim lady herself stated before death that she consumed poison in a fit of anger. Consequently, this Court is of the opinion that this is a fit case wherein the petitioner deserves grant of anticipatory bail, especially since the husband of the deceased victim lady has already been granted regular bail by a co-ordinate Bench of this Court.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner, I deem it fit and proper to direct for release of the petitioner on anticipatory bail. Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner, above named, is directed to be released on

Patna High Court CR. MISC. No.65237 of 2019(4) dt.04-03-2020 3/3 anticipatory bail on furnishing bail- bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Saharsa in connection with Saharsa Sadar P.S. Case No. 413 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Tiwary/- U T