Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80658 of 2019 Arising Out of PS. Case No.-273 Year-2018 Thana- CHOUTARWA District- West Champaran ====================================================== MANOJ YADAV Son of Niranjan Yadav Resident of Village - Lakshmipur, P.S.- Choutarawa, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 304B, 201/34 of the Indian Penal Code. Allegation against the petitioner is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 26-02-2019. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. A petition has been filed by the

Patna High Court CR. MISC. No.80658 of 2019(3) dt.19-03-2020 2/2 informant in the court below whereby it has been stated that the present case has been instituted due to mistake of fact. The deceased is said to have died due to prolonged illness. Admittedly, the informant has retracted from his earlier statement made in the FIR. The said petition is Annexure-2 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 learned Additional District & Sessions Judge-Ist, Bagaha, West Champaran in connection with Sessions Trial No. 477 of 2019 arising out of Choutarawa P.S. Case No. 273 of 2018 .

(Sudhir Singh, J) A.K.V.//- U T