Vinay Yadav @ Vinay Kumar vs State Of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the

stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

The petitioner has moved this Court for grant of bail in connection with Saria P.S. Case No.69 of 2020 registered under sections 498A/304B/316/34 of

the Indian Penal Code.

The learned counsel for the petitioner submits that initially the case was instituted inter alia under Section 304B of I.P.C. but after investigation, police

submitted charge sheet against the petitioner for the offence committed under Section 306 I.P.C. It is further submitted that the allegations against the

petitioner are all false and the petitioner was at Mumbai at the time of occurrence and on the next day of the death of his wife, he reached from the

Mumbai to his house via Kolkata and in this respect, learned counsel for the petitioner draws the attention of this Court to the boarding pass showing

the journey of the petitioner from Mumbai to Kolkata on 16.03.2020 by a flight. It is next submitted that the petitioner has been in custody since

19.08.2020 as has been mentioned in paragraph no. 7 of the bail application. It is then submitted that the petitioner undertakes to pay Rs. 1,00,000/- as

ad interim victim compensation to the informant without prejudice to his defence in this case. It is lastly submitted that the petitioner undertakes to

cooperate with the trial of the case. Hence, it is submitted that the petitioner be admitted to bail.

The learned Addl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to

enlarge the above named petitioner on bail. Accordingly, the petitioner is directed to be released on bail on depositing a demand draft of Rs.1,00,000/-

in favour of informant and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the

satisfaction of learned C.J.M., Giridih, in connection with Saria P.S. Case No.69 of 2020 with the condition that the petitioner will cooperate with the

trial of the case.

In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the informant and hand over

the said demand draft to him, after proper identification.