Santu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12301 of 2021 Arising Out of PS. Case No.-77 Year-2020 Thana- CHAKAI District- Jamui ====================================================== SANTU YADAV Son of Narayan Yadav Resident of Village - Nakta, P.S.- Chakai, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Mustaque Alam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-08-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in Chakai P.S. Case no. 77/2020 registered for the offence punishable under sections 304B and 120B/34 of the Indian Penal Code. As per prosecution case, daughter of the informant was married with this petitioner in the month of June, 2019 and thereafter it is alleged that this petitioner along with others subjected her to torture and cruelty for dowry and due to nonfulfillment of the same, she was killed by this petitioner and others.

It is submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case.

Patna High Court CR. MISC. No.12301 of 2021(3) dt.16-08-2021 2/2 Petitioner being husband of the deceased had never demanded any dowry as being simply a labour. It is further submitted that on the alleged date of occurrence, petitioner had gone to collect fire wood where he was informed that his wife had committed suicide. During investigation, large number of witnesses have stated that the deceased had committed suicide. It is also submitted that post mortem report falsifies whole allegation. Petitioner is in custody since 08.07.2020.

However, learned counsel for the State opposed the prayer for bail and submitted that this petitioner happens to be husband of the deceased and she died within seven years of marriage in other than normal circumstances at her matrimonial home.

Considering the rival submissions and materials on record that this petitioner being husband of the deceased and deceased died within seven years of marriage under other than normal circumstances, this bail application is rejected. (Prabhat Kumar Singh, J) s.hassan/- U T