Baleshwar Kumar @ Baleshwar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8875 of 2022 Arising Out of PS. Case No.-525 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== Baleshwar Kumar @ Baleshwar Yadav Son of Ramashish Yadav Resident of Village - Nawadih, P.S. - Barachatti, Dist. - Gaya. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prithivi Raj Singh, Advocate.
For the Opposite Party/s :
Mr. Ram Bilash Roy Raman. APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-08-2022 Let the defect, if any, be removed within two weeks from today.
Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner seeks regular bail in connection with Barachatty (Mohanpur) P.S. Case No. 525 of 2020 lodged under Sections 304(B), 201, 34 of the Indian Penal Code. The case of prosecution is that the marriage of deceased (informant's sister) was solemnized with the petitioner in the year 2016, Gauna was taken place in the year 2018. The allegation of torture by the husband and in-laws' family for dowry are there. The informant states that on 28.08.2020 an information was received about missing of her sister, he visited there, started searching and dead body of his sister lying in a
Patna High Court CR. MISC. No.8875 of 2022(3) dt.10-08-2022 2/3 canal at a distance of about 500 meter south from the house of the present petitioner taken place, dead body recovered and thereafter the present case has been filed.
Learned counsel for the petitioner submits that petitioner is husband of the deceased, he is innocent and has committed no offence. He further submits that relation between petitioner and his wife was cordial, his wife was pregnant also, on pity issues quarreling used to take place between them. He further submits that it was the unfortunate day that a hot discussion took place between husband and wife. According to him it is not a case of dowry death rather it may be a case of suicide. He submits that petitioner is completely innocent. He further submits that some of the accused persons have been granted anticipatory bail by the Co-ordinate Bench of this Court (Annexure-2). He further submits that petitioner is in custody since 05.09.2020, chargesheet has already been filed and has a clean antecedent, therefore, bail may be granted.
Learned counsel for the informant vehemently opposes the prayer for bail and submits that the petitioner is an accused and has committed this offence, he is not bothered even to search his wife. He submits that in the postmortem report the cause of death is there.
Patna High Court CR. MISC. No.8875 of 2022(3) dt.10-08-2022 3/3 death rather two death caused by the petitioner because the informant's sister (deceased) was pregnant at the time of this event.
Learned counsel for the State also opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner, therefore, his bail application is rejected. It is hereby directed to the court below to conduct the trial preferably within one year.
(Dr. Anshuman, J.) ritik/- U T