Rajesh Yadav @ Bhairwa Yadav @ Bhairwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85606 of 2023 Arising Out of PS. Case No.-137 Year-2021 Thana- KIUL District- Lakhisarai ====================================================== Rajesh Yadav @ Bhairwa Yadav @ Bhairwa son of Kamleshwari Yadav Village- Itahari Ps- Kiul Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 201 of the Indian Penal Code and converted Section 306 of the IPC.

3. Allegation against the petitioner is that he committed murder of his wife due to non fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case because he is the husband of the deceased. There is no prior complain in respect of dowry demand, harassment and assault. It is further submitted from para-11 of this petition that Dy.S.P. has supervised the case and

Patna High Court CR. MISC. No.85606 of 2023(3) dt.02-02-2024 2/2 submitted charge sheet under Section 306 of the IPC. From perusal of inquest report which is on para-2 of the case diary, in which it is mentioned that the death of the deceased is caused by train accident. The activities of the deceased are not normal rather she always used to behave abnormally with others. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 04.09.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kiul P.S. Case No. 137 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Lakhisarai.

(Sunil Kumar Panwar, J) sushma/- U T