Binde Yadav vs The State Of Bihar
2021 Latest Caselaw 372 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 31821 of 2020
    Arising Out of PS Case No.-143 Year-2020 Thana- DARBHANGA SADAR District-
                                       Darbhanga
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Binde Yadav, aged about 56 years (Male) Son of Late Gulai Yadav, Resident of Village Laxmipur, PS - Sadar, District - Darbhanga.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhay Kumar Singh, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 27-01-2021

Heard Mr. Abhay Kumar Singh, learned counsel for the

petitioner and Mr. Jharkhandi Upadhyay, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner is in custody in connection with

Darbhanga Sadar PS Case No. 143 of 2020 dated 04.04.2020,

instituted under Sections 323/498(A)/34 of the Indian Penal Code

to which later on Section 304(B) of the Indian Penal Code was

added as also Section 4 of the Dowry Prohibition Act, 1961.

3. The allegation levelled against the petitioner, who is

father-in-law of the deceased, by the informant, who is mother of

the deceased, is that he along with other family members had

tortured her demanding dowry of Rs. 5,00,000/- and there was

also a minor girl child and after being ousted, due to Panchayati, Patna High Court CR. MISC. No.31821 of 2020 dt.27-01-2021

the deceased had come back to the matrimonial home but the

demand of dowry was reiterated and the accused had killed the

deceased by giving poison and then to save themselves had shown

that she had tried killing herself by hanging.

4. Learned counsel for the petitioner submitted that

there may have been some matrimonial discord, but it was not so

much that the petitioner and his family members would kill the

daughter-in-law, especially when there was a minor child born.

Learned counsel submitted that the minor child is living with the

petitioner's family. It was further submitted that the petitioner side

had spent over Rs. 10,00,000/- in the treatment of the deceased

who survived for almost three months. It was submitted that as it

is, the petitioner being the father-in-law, he was not directly

involved in any dispute which may have been between the

husband and the wife. Learned counsel submitted that the

petitioner having clean antecedent is in custody since 11.07.2020.

5. Mr. Jharkhandi Upadhyay, learned APP has filed a

report from the Senior Superintendent of Police, Darbhanga and

has also with him the copy of the case diary and the information

which the Court had asked him to get. It was submitted that as per

the report, Rs. 52,000/- was paid by the brother of the deceased

towards her treatment expenses while almost Rs.10,00,000/- was Patna High Court CR. MISC. No.31821 of 2020 dt.27-01-2021

paid by the family members of the petitioner towards the bill of

the hospital where she was treated. It was further submitted that

there is no witness to the incident.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Chief Judicial

Magistrate, Darbhanga in Darbhanga Sadar PS Case No. 143 of

2020, subject to the conditions (i) that one of the bailors shall be a

close relative of the petitioner, and (ii) that the petitioner shall

cooperate with the Court. Failure to cooperate shall lead to

cancellation of his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T