Patna High CourtCR. MISC./9190/2022bail rejected

Monu Kumar Yadav v. The State Of Bihar

2022-05-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9190 of 2022 Arising Out of PS. Case No.-45 Year-2021 Thana- BAHADURPUR District- Darbhanga ====================================================== MONU KUMAR YADAV S/o Ram Sogarath Yadav Resident of Village - Dekuli, P.S. Bahadurpur, District Darbhanga.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarendra Narayan For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-05-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Sections 326, 307, 498A/34 of the Indian Penal Code and Section 3, 4 of the Dowry Prohibition Act. As per the prosecution case, this petitioner was married with daughter of the informant in the year 2020 and it is alleged that due to non-fulfillment of demand of Rs. 5,00,000/- (five lacs), as dowry, this petitioner alongwith co-accused committed torture and thereafter, poured kerosene oil on her, as a result of which, daughter of the informant sustained burn injury.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case and he never demanded any dowry. In fact, she caught fire while she was cooking and immediately after the occurrence, this petitioner informed the

Patna High Court CR. MISC. No.9190 of 2022(3) dt.17-05-2022 2/2 informant and took her to hospital. Petitioner is in custody since 19.04.2021.

However, learned counsel for the informant vehemently opposed the bail petition and submitted that there is direct and specific allegation against this petitioner and the victim in her statement recorded under Section 164 Cr.P.C. has clearly stated that this petitioner alongwith his family members assaulted her and thereafter, poured kerosene oil on her body and set her on fire.

Considering the aforesaid facts and circumstances as well as statement of the victim recorded under Section 164 Cr.P.C., I am not inclined to grant bail to the petitioner and same is, accordingly, rejected.

(Prabhat Kumar Singh, J) anay/- U T