Rabindra Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.69597 of 2018 Arising Out of PS. Case No.-109 Year-2018 Thana- GORIAKOTHI District- Siwan ======================================================
1. Rabindra Yadav
2. Mritunjay Yadav Both sons of Ramji Yadav, resident of Village- Harplur, P.S. -Goreya Kothi, District- Siwan.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shakti Suman Kumar, Advocate For the Opposite Party/s :
Mr. Sri Nawal Kishore Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-12-2018 Heard learned counsel for petitioners and learned counsel for the State.
Petitioners, who are in custody, seek bail in connection with Goreakothi P.S. Case No. 109 of 2018 registered for the offences punishable under Section 304(B)/34 of the Indian Penal Code.
Informant is the father of deceased who has stated in his written complaint that the marriage of his daughter was solemnized with petitioner no.1 in 2015 and thereafter she was being tortured by petitioner and his family for non-fulfillment of demand of dowry and she was killed on 11.06.2018. It has been submitted that petitioners are innocent and have been falsely implicated in this case. She committed
Patna High Court Cr.Misc. No.69597 of 2018(2) dt.06-12-2018 2/3 suicide by hanging which is supported by the postmortem report as enclosed Annexure-2 of petition. Petitioner no.1 was abroad at the time of occurrence and petitioner no.2 resides separately with the family of petitioner no.1 and deceased. They have no criminal antecedent and are in custody since 19.07.2018.
Considering the aforesaid fact and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Siwan, in connection with Goreakothi P.S. Case No.109 of 2018 subject to conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and their absence on two consecutive dates without sufficient reasons, their bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the
Patna High Court Cr.Misc. No.69597 of 2018(2) dt.06-12-2018 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(S. Kumar, J) Rajiv/Manoj U T