Kedar Yadav @ Kedar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86177 of 2024 Arising Out of PS. Case No.-297 Year-2024 Thana- RAHUI District- Nalanda ====================================================== Kedar Yadav @ Kedar Prasad S/o Late Bedhu Yadav @ Ramsrup Yadav R/o vill - Dharmshing Bigha, P.S. - Rahui, Distt.- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Sinha, Adv.
For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sessions Trial No. 837 of 2024 arising out of Rahui P.S. Case No. 297 of 2024 instituted for the offences under Section 304(B)/34 of the Indian Penal Code.
3. As per prosecution case, the accusation against the petitioner is of demanding a motorcycle and five lakh rupees as dowry and, failing to receive the same, he along with other co-accused persons strangled the Informant's daughter and killed her.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.86177 of 2024(2) dt.17-12-2024 2/3 the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is the Sasur (Father-in-law) of the deceased. He further submits that the husband of the deceased is already in judicial custody. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. As a matter of fact, the petitioner has never demanded any dowry from the deceased. The petitioner has no concern with the alleged occurrence. He further submits that the I.O., after completion of investigation, has submitted charge-sheet against the petitioner and the charge has also been framed. The petitioner has no criminal antecedent and is languishing in judicial custody since 22.06.2024 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case
Patna High Court CR. MISC. No.86177 of 2024(2) dt.17-12-2024 3/3 as also taking into account the period of custody of 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 Rahui P.S. Case No. 297 of 2024.
(Rudra Prakash Mishra, J) rishi/- U T