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Patna High CourtCR. MISC./1938/2020dismissed

Sukul Yadav v. The State Of Bihar

2020-01-14Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1938 of 2020 Arising Out of PS. Case No.-39 Year-2018 Thana- GHOSWARI District- Patna ====================================================== SUKUL YADAV Son of Late Ram Chandra Yadav Resident of Village - Gosai Gao, P.S.- Ghoswari, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Prasad Singh For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Ghoswari PS case no. 39 of 2018 registered for the offences punishable under Sections 304(B), 120(B)/34 and other sections of Indian Penal Code.

The allegation is regarding the marriage of the daughter of the informant namely Alodhan Devi being solemnized with the petitioner herein in the year, 2017, whereafter, the in-laws of the daughter of the informant used to beat her on account of non-fulfilment of the demand for dowry and finally, the accused persons including the petitioner herein who is the husband of the victim deceased lady had killed the daughter of the informant by administering poison. The learned counsel for the petitioner has

Patna High Court CR. MISC. No.1938 of 2020(2) dt.14-01-2020 2/2 submitted that the petitioner is innocent, is having a clean antecedent and he was not present in the village on the alleged date of occurrence.

I have heard the learned counsel for the parties and perused the materials on record and I find that serious allegation of killing the daughter of the informant has been levelled against the accused persons including the petitioner herein who is the husband of the deceased victim lady, hence his complicity in the matter cannot be ruled out. Therefore, considering the seriousness of accusation and gravity of the allegation levelled against the accused persons including the petitioner herein, I do not find any reason to atleast consider the prayer of the petitioner for grant of anticipatory bail. This Court further finds that no materials has been brought on record to suggest that the petitioner has joined investigation which is necessary for the purposes of unearthing the truth and it appears that the petitioner has been absconding.

In such view of the matter, the present petition stands dismissed being devoid of any merit.

(Mohit Kumar Shah, J) rinkee/- U T