The Patna High Court bail applicant facing dowry death charges registered under IPC Sections 304B/34. Recognizing the pending trial duration and affidavits submitted, the court applied a lenient approach and granted bail.
The petitioner was released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5832 of 2022
Arising Out of PS. Case No.-285 Year-2018 Thana- NAYA RAM NAGAR District- Munger
====================================================== KARANVEER YADAV @ KARAMVEER YADAV SON OF KAMESHWARI YADAV RESIDENT OF VILLAGE- HERUDIYARA, KALISTHAN, P.S.- NAYA RAM NAGAR (O.P. SAFFIASARAI), DISTRICT- MUNGER
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjeeb Kumar Sanju For the Opposite Party/s : Mr.Binod Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
3 22-06-2022 Heard learned counsel for the petitioner and the State.
Petitioner seeks regular bail in a case registered for the offence punishable under Section 304B/34 of the Indian Penal Code.
Allegedly, this petitioner and other accused persons killed the informant's daughter by hanging on account of their demand of dowry was not fulfilled by the deceased.
The main submissions advanced by the learned counsel for the petitioner are that earlier this petitioner filed Cr. Misc. no. 67564 of 2019 for the said relief which was rejected vide order dated 18.2.2020 and thereafter, again he filed Cr. Misc. no. 31128 of 2021 which was also rejected vide order dated 28.7.2021 with observation that trial of the petitioner to be concluded within a period of six months and the petitioner was given liberty to renew his prayer for bail, if his trial is not concluded within the stipulated period. Further
Patna High Court CR. MISC. No.5832 of 2022(3) dt.22-06-2022 2/2
submission is that petitioner has been languishing in jail for the last three years and his trial is still pending and six witnesses have been examined and three witnesses examined at the trial have not supported the allegation made in the FIR.
Learned APP appearing for the State has opposed the prayer for bail.
In view of the above submissions as well as considering the petitioner's custody period and the fact that trial of the petitioner has not been concluded despite direction given by this court for concluding his trial and according to above submissions, six witnesses have been examined, in my view, lenient approach may be taken in respect of the petitioner, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge V, Munger in Sessions trial no. 96/2020 arising out of Naya Ram Nagar P.S. Case No. 285 of 2018.
(Shailendra Singh, J)
s.hassan/-
U T
1 issue framed by the court
Whether to grant bail to the petitioner accused of dowry death pending trial.
Karanveer Yadav @ Karamveer Yadav
The State of Bihar
Shailendra Singh
As recorded by the court registry
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