Sanjay @ Sachendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24677 of 2016 Arising Out of PS.Case No. -213 Year- 2015 Thana -UDAKISHANGANJ District- MADHEPURA ====================================================== Sanjay @ Sachendra Yadav S/o Kamleshwari Yadav Resident of villagePararia, Police Station- Madhepura ( Bharrahi O.P.), DistrictMadhepura .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shailendra Kumar Singh, Advocate For the Opposite Party: Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-07-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 28.12.2015 in connection with Uda-Kishunganj P.S. Case No. 213 of 2015 for the offences alleged under Sections 304B and 328 of the Indian Penal Code.

3. It is submitted that petitioner being the husband of the deceased has been falsely implicated on mere suspicion as the cause of death has not been ascertained in the post mortem report.

4. Learned APP for the State, on the other hand, relies on the case diary to submit that viscera report dated 27.12.2015 discloses the cause of death being asphyxia due to suspected poisoning. It is, therefore, submitted that the allegation made in the first information report stands duly supported by the medical evidence.

5. Having regard to the nature of the accusation and gravity of the offences, as alleged, as well as viscera report,

Patna High Court Cr.Misc. No.24677 of 2016 (3) dt.19-07-2016 2/2 this Court is not inclined to grant the privilege of bail to the petitioner. The bail petition stands dismissed. (Vikash Jain, J) B.T/- U T