Dinesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90013 of 2024 Arising Out of PS. Case No.-62 Year-2024 Thana- FESHAR District- Aurangabad ====================================================== Dinesh Yadav Son of Late Jagan Yadav Resident of Village- Theghawa, P.S.- Feshar, District- Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Kumar, Adv.
For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. Learned counsel for the petitioner prays for and is allowed to make necessary correction in the instant bail petition in course of the day.
3. The petitioner seeks bail in connection with Feshar P.S. Case No. 62 of 2024 instituted for the offences under Sections 341, 323, 504, 506, 498(A) of the Indian Penal Code and Section 3⁄4 of the D.P. Act and subsequently added Section 304B/34 of the I.P.C.
4. As per prosecution case, the deceased was being illtreated and subjected to cruelty at the hands of her husband and his family members including the petitioner for demand of Rs.
Patna High Court CR. MISC. No.90013 of 2024(2) dt.16-01-2025 2/3 one lakh in dowry as also due to non-fulfillment of demand of dowry, she was beaten to death by her in-laws.
5. Learned counsel for the petitioner submits that 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 father-in-law of the deceased namely Beauty Kumari. The petitioner has never demanded any dowry from the deceased. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. He further submits that the specific allegation of demand of dowry and assault for non-fulfillment of the same is against the husband and mother-in-law of the deceased. The husband of the deceased is already in judicial custody. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 16.10.2024 without any rhymes or reason.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence is serious in nature.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as
Patna High Court CR. MISC. No.90013 of 2024(2) dt.16-01-2025 3/3 also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, 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 Feshar P.S. Case No. 62 of 2024. (Rudra Prakash Mishra, J) rishi/- U T