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Patna High CourtCR. MISC./77957/2019bail granted

Masudan Yadav @ Madhusudan Yadav v. The State Of Bihar

2020-05-29Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77957 of 2019 Arising Out of PS. Case No.-181 Year-2019 Thana- SHEKHPURA District- Sheikhpura ====================================================== MASUDAN YADAV @ MADHUSUDAN YADAV Son of Dhaneshwar Yadav Resident of Village-Pain, Police Station-Sheikhpura, DistrictSheikhpura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar, Advocate For the Opposite Party/s :

Mr. A.M.P. Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-05-2020 Heard learned counsel for the petitioner and Sri A.M.P. Mehta, learned A.P.P. for the State through video conferencing.

The petitioner seeks bail in connection with Sheikhpura P.S. Case No. 181 of 2019, registered under Sections 328 and 304(B)/34 of the Indian Penal Code. The accusation is that the marriage of sister of informant Nebul Yadav was performed with the petitioner in the year 2016 and, thereafter, his sister went to her matrimonial house, where she started to lead her conjugal life happily. On 24.04.2019, the informant came to know that his sister has been killed by her husband and other in-laws for demand of dowry and, thereafter, all brought her sister in the clinic of Doctor, where his sister has been declared dead.

Patna High Court CR. MISC. No.77957 of 2019(4) dt.29-05-2020 2/2 Learned counsel for the petitioner submits that, admittedly, the petitioner is the husband of the deceased. Further submission is that, in fact, due to quarrel in family, the deceased consumed poison and she fell down in the field, when she had gone to attend call of nature, but the deceased was rushed for treatment to the clinic of Doctor, where she was declared dead. Further submission is that on investigation the Police submitted Chargesheet under Section 306 of Indian Penal Code not under Section 304 (B) of I.P.C. The petitioner is in custody since 15.10.2019.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No. 181 of 2019. (Rajendra Kumar Mishra, J) manish/- U T