Patna High CourtCR. MISC./12389/2021rejected

Sikandar Yadav v. The State Of Bihar

2021-08-05Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12389 of 2021 Arising Out of PS. Case No.-466 Year-2018 Thana- JAHANABAD District- Jehanabad ====================================================== SIKANDAR YADAV Son of Chandeshwar Yadav R/o village- Hasaura, P.S.- Jehanabad, in the district of Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Adv.

For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B and 34 of the Indian Penal Code.

As per allegation in the F.I.R., on the informant going to get his daughter, he found her dead body lying in the house and all the other members of the family were missing. It is submitted by learned counsel for the petitioner that allegations as levelled in the F.I.R. are false and concocted. The daughter of the informant committed suicide as a result of dispute in the family regarding partition. There being no allegations of demand of dowry in the F.I.R., no case under section 304B of Indian Penal Code is made out. The petitioner is

Patna High Court CR. MISC. No.12389 of 2021(3) dt.05-08-2021 2/2 in custody since 4.9.2020 and has no criminal antecedent. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and on perusal of the record, it transpires that the petitioner happens to be the husband of the deceased and the cause of death in the post-mortem report is stated to be cardio respiratory failure due to asphyxia and cervical injury.

In the facts of the case, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. (Partha Sarthy, J) Saurabh/- U T