Roshan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8871 of 2025 Arising Out of PS. Case No.-98 Year-2023 Thana- KEWATI District- Darbhanga ====================================================== Roshan Yadav S/o Sunner Yadav R/o - Bhagh Barh, Pokhar, P.S - Keoti, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-07-2025 Heard Mr. Vinay Kumar Mishra, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned APP for the State.

2. Petitioner seeks bail who is in custody since 07.04.2023 in connection with Keoti P.S. Case No. 98 of 2023, F.I.R. dated 02.04.2023 for the offences punishable under Section 304(B) of the Indian Penal Code.

3. According to prosecution case, this petitioner along with his family members have killed the daughter of the informant who happens to be his wife due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.8871 of 2025(4) dt.04-07-2025 2/3 allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that the petitioner is the husband of the deceased. As per the allegation, the informant alleged that due to non-fulfillment of demand of dowry all the accused persons including this petitioner have killed the daughter of the informant. He further submits that the informant is not the eye witness of the alleged occurrence and merely on the basis of suspicion, the present F.I.R has been instituted against the petitioner and other accused persons. In fact, the deceased had committed suicide herself.

5. Learned Additional Public Prosecutor on the basis of material available on record, case diary as well as F.S.L. report has vehemently opposed the prayer for bail of the petitioner and submits that the cause of death is poison and the result of the examination of F.S.L. report reveals that "ALUMINIUM PHOSPHIDE was detected in the contents of the glass jar as described above. Aluminium Phospide commercially known as 'CELPHOS' is a severe gastrointestinal irritant. It is used as grain preservative and is highly poisonous."

6. Considering the aforesaid facts and circumstancese,

Patna High Court CR. MISC. No.8871 of 2025(4) dt.04-07-2025 3/3 I am not inclined to enlarge the petitioner on bail in connection with Keoti P.S. Case No. 98 of 2023 pending in the court of learned Additional District & Sessions Judge-10th, Darbhanga.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T