Patna High Court - Orders

Arun Yadav vs The State Of Bihar on 8 November, 2023

Author:
Anshuman

Bench:
Anshuman

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58996 of 2023
Arising Out of PS. Case No.-11 Year-2022 Thana- PARBATTA District- Khagaria
======================================================
Arun Yadav Son Of Babulal Yadav Village- Kahaiya Chak, P.S. Parbatta,
Distt. Khagaria

... ... Petitioner/S
Versus
The State Of Bihar

... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Adv.
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER

3 08-11-2023
Heard learned counsel for the petitioner and learned

A.P.P. for the State.

2. The petitioner seeks regular bail in connection with

Session Trial No. 356 of 2022 arising out of Parbatta P.S. Case

No. 11 of 2022, G.R. No. 64 of 2022 lodged under
Sections

304B
/
of the I.P.C. read with Section ¾ of the
Dowry

Prohibition Act
.

3. As per the prosecution case, the F.I.R. has been

lodged against 5 named accused persons including the present

petitioner who is husband of the deceased and the F.I.R. has

been lodged by the petitioner's mother-in-law alleging that the

petitioner along with his family members used to torture for

dowry and subsequently, for the dowry they have killed her

daughter.

Patna High Court CR. MISC. No.58996 of 2023(3) dt.08-11-2023

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4. Learned counsel for the petitioner submits that the

petitioner is innocent and has committed no offence. He submits

that vide order dated 12.09.2023, case diary and post-mortem

report has been called for. He further submits that the petitioner

was working in a private firm at Hyderabad. At the time of

occurrence, he was posted at his service at Hyderabad and there

was no demand of dowry on any occasion. He submits that the

deceased was short tempered lady and on petty issue in anger,

she committed suicide.

5. Counsel further submits that in the post-mortem as

well as in para-22 of the case dairy, the death has been caused

due to asphyxia(strangulation). He further submits that charge

has already been framed in this case and petitioner reached

Patna upon getting information that his wife committed suicide.

6. Counsel further submits that petitioner is ready to

support the trial and also ready to fulfill all the conditions

whatsoever shall be imposed upon him. He further submits that

petitioner is in custody since 20.04.2023 having clean

antecedent.

7. Learned counsel for the State opposes the prayer

for bail and submits that it is case of dowry death under
Section

304B
of the I.P.C. and the petitioner is husband of the deceased.
Patna High Court CR. MISC. No.58996 of 2023(3) dt.08-11-2023

3/4

8. Considering the fact that petitioner is not residing at

his house, but working at Hyderabad and particularly, charge

has been framed then, no purpose shall be solved on continuing

the petitioner in custody. As such, let the petitioner above

named, be granted bail on furnishing bail bonds of Rs.30,000/-

(Rupees Thirty thousand) with two sureties of the like amount

each to the satisfaction of learned Additional Sessions

Judge,VIIth, Khagaria in connection with Session Trial No. 356

of 2022 arising out of Parbatta P.S. Case No. 11 of 2022, G.R.

No. 64 of 2022, subject to the following conditions as laid down

under
Section 437(3)
of Cr.P.C. with other following

conditions:-

(i) one of the bailor should be the family member of

the petitioner who shall provide official document to show his

bona fide;

(ii) the petitioner shall appear on each and every date

before the Trial Court and failure to do so for two consecutive

dates without plausible reason will entail cancellation of his bail

bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned

police station every month for one year to mark attendance;

(iv) the petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.58996 of 2023(3) dt.08-11-2023

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promise or threat the witnesses or tamper with the evidence,

failing which the State shall be at liberty to take steps for

cancellation of the bail bonds; and

(v) the petitioner shall desist from committing any

criminal offence again, failing which the State shall be at liberty

to take steps for cancellation of the bail bonds.

(Dr. Anshuman, J.)
Prakashmani/-

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