Bambam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16898 of 2021 Arising Out of PS. Case No.-63 Year-2020 Thana- SONO District- Jamui ====================================================== Bambam Yadav Son of Bharat Yadav Resident of Village - Koriyasar, P.S.- Sono, Distt.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nagendra Dubey, Adv.

For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-09-2021 Heard learned counsel for the parties through video conferencing.

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

As per the prosecution case, the niece of the informant was married to the petitioner. It is stated that the petitioner used to make demand of a motorcycle and cash and on refusal by the informant, his niece was killed and thrown into the well. They were informed that she died as a result of drowning in the well.

It is submitted by learned counsel for the petitioner that the petitioner happens to be the husband of the deceased. The allegations as levelled in the F.I.R. with respect to the

Patna High Court CR. MISC. No.16898 of 2021(3) dt.16-09-2021 2/2 demand of dowry are false and concocted. It is submitted that there has been no complaint in the past and the investigation has concluded with submission of chargesheet. The petitioner is in custody since 28.4.2020 and has no criminal antecedent. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and on going through the materials contained in the case diary including the inquest and postmortem reports, the statement of the witnesses recorded in course of investigation and the petitioner being the husband of the deceased, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

(Partha Sarthy, J) Bibhash U