Allowed

Suresh Yadav v. the State of Bihar

Patna HC2 Nov 2022CR. MISC./31101/2022

Case brief

AI extract

What is this about?

The High Court at Patna granted bail to the petitioner, a 75-year-old father-in-law charged under Section 304(B) IPC for dowry death. Considering his clean antecedents, separate residence, and the submitted charge sheet, the court ordered release on furnishing a bail bond with conditions to appear in trial and not tamper with evidence.

What did the court decide?

Release of petitioner on bail bonded Rs. 10,000 with two sureties of like amount subject to conditions of trial cooperation and no tampering.

Suresh Yadav Vs the State of Bihar — Dowry and Cruelty | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31101 of 2022

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Arising Out of PS. Case No.-505 Year-2021 Thana- RAJAOLI District- Nawada

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======================================================

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SURESH YADAV S/o Late Jagan Yadav Resident of Village-Satgir, P.S.Rajauli, District-Nawada.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Manisha Prakash For the Opposite Party/s : Mr.Rana Randhir Singh

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======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 02-11-2022

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Let the defect(s), as pointed out by the office, be

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removed within a period of four weeks from today.

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in connection with Rajauli P.S. Case No. 505 of 2021 registered for the offences punishable under Section 304(B) of the Indian Penal Code.

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As per prosecution case, petitioner and others are alleged to have committed the murder of informant's daughter for non-fulfillment of demand of dowry.

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Learned counsel for the petitioner submits that petitioner is in custody since 13.01.2022 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution

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Patna High Court CR. MISC. No.31101 of 2022(2) dt.02-11-2022 2/3

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evidence. He further submits that petitioner has been falsely implicated in the case as he is father-in-law of the deceased. Petitioner is aged about 75 years and he was living separately from the deceased. Petitioner has no concern with the deceased and her husband. He further submits that allegation against him are general and omnibus in nature.

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The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner as well as petitioner is residing separately from the deceased, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Rajauli P.S. Case No. 505 of 2021, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn

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Patna High Court CR. MISC. No.31101 of 2022(2) dt.02-11-2022 3/3

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the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will

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remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(Alok Kumar Pandey, J)

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vashudha/-

Suresh Yadav v. the State of Bihar

Case brief

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Suresh Yadav v. the State of Bihar

Case brief

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