Patna High CourtCR. MISC./82503/2024bail granted

Madan Yadav v. The State Of Bihar

2025-02-19Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82503 of 2024 Arising Out of PS. Case No.-168 Year-2024 Thana- RIVILGANJ District- Saran ====================================================== Madan Yadav S/O Ram Chandra Yadav R/O Village - Sitabdiara (Alekh Tola), P.S- Revilganj, District- Saran (Chapra).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Revilganj P.S. Case No. 168 of 2024 instituted for the offences under Section 304(B) of the Indian Penal Code.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of torturing the deceased for non-fulfillment of dowry demand and, lastly, killing her in her matrimonial house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case with false and frivolous allegations and due to local party politics. The petitioner has not committed any offence as

Patna High Court CR. MISC. No.82503 of 2024(3) dt.19-02-2025 2/3 alleged in the F.I.R. The petitioner is the father-in-law of the deceased. There is delay of three days in lodging the F.I.R. without there being any plausible explanation for such delay which creates doubt in the prosecution case. The petitioner lives separately and has no concern with the family affairs of the deceased and her husband. Learned counsel for the petitioner submits that there is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The husband of the petitioner has already surrendered in the court below on 09.09.2024. The petitioner has no criminal antecedent and is languishing in judicial custody since27.06.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature. The Informant in Para- 3 and several witnesses in Para- 4, 11, 12, 13, 14 and 15 of the case diary have corroborated the allegations leveled in the F.I.R. The postmortem report also supports the prosecution case. The petitioner is named in the F.I.R. and, hence, he does not deserve bail.

Patna High Court CR. MISC. No.82503 of 2024(3) dt.19-02-2025 3/3

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner and the petitioner having no criminal antecedent, the husband of the deceased is already in custody as also there being no specific allegation against the petitioner, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Revilganj P.S. Case No. 168 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T