Patna High CourtCR. MISC./3685/2024bail granted

Jitendra Yadav v. The State Of Bihar

2024-07-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3685 of 2024 Arising Out of PS. Case No.-159 Year-2023 Thana- ROSHANGANJ District- Gaya ====================================================== Jitendra Yadav SON OF RAJENDRA YADAV Village- Bihargain Gaya, B, Chaugain, PS- Raushanganj District -Gaya ... ... Petitioner

Versus

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

For the Petitioner :

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

Mr.Sanjay Kr Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and the State.

2. The petitioner seeks regular bail in a case registered for the offence punishable under sections 498A, 302 and 304B of the Indian Penal Code.

3. As per the prosecution case, petitioner and his family members used to demand dowry of Rs.50,000/- and a motorcycle and on non fulfilment of the same, they committed torture and cruelty on the victim due to which she was staying at her parents' house.

4. Learned counsel appearing for the petitioner submits that the petitioner was married to the deceased in 2018 and they had two years male child from the said wedlock. During course of treatment, victim was staying at her parents' house where she died. There is no allegation of overt act against the petitioner in the FIR. Save and except suspicion, there is no other direct or indirect evidence against the petitioner to show his complicity in the occurrence. Post mortem report opines that only two minor external injuries were found on the knee of the body of the deceased. From perusal of the FSL report dated 9.5.2024, it reflects that organo phosphorous group of pesticide was detected in in the visceral organs of the deceased. Charge

Patna High Court CR. MISC. No.3685 of 2024(4) dt.05-07-2024 2/2 sheet has already been filed. Petitioner is in custody since 21.6.2023.

5. Considering the aforesaid facts of the case, prayer for regular bail of the petitioner is allowed. Let the petitioner, mentioned above, 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 Judicial Magistrate 1st class, Sherghati, Gaya in Raushanganj Police Station Case No. 159 of 2023.

(Prabhat Kumar Singh, J) Shashi U T