Sarun Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.8460 of 2018 (2) dt.17-02-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8460 of 2018 Arising Out of PS.Case No. -380 Year- 2017 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ======================================================
1. Sarun Yadav, son of Ramdahin Yadav, Resident of Village- Porai, P.S.- Harnaut, District- Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-02-2018 Heard both sides.
The petitioner apprehends his arrest in Harnaut P.S. Case No.380 of 2017 registered under Sections 304(B), 201 and 34 of the Indian Penal Code.
The informant alleged that his daughter was married to Nitish Yadav in the year 2015 but Nitish Yadav and his family members were always assaulting his daughter due to nonfulfillment of demand of dowry. The informant further alleged that Nitish Yadav, his father, brother, sister killed his daughter with the help of the petitioner, Sarun Yadav caused disappearance of the dead body of his daughter.
The learned counsel for the petitioner submits that
Patna High Court Cr.Misc. No.8460 of 2018 (2) dt.17-02-2018 petitioner is villager of the husband of the deceased. The informant himself disclosed this fact in the F.I.R. Even if the entire allegation is presumed to be correct, no offence under Section 304(B) I.P.C. is made out against the petitioner. The only allegation can be made out against the petitioner is Section 201 I.P.C.
Considering the facts aforesaid, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Harnaut P.S. Case No.380 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Saurabh/- U T