Patna High CourtCR. MISC./56027/2015rejected

Shankar Yadav v. The State Of Bihar

2016-01-11Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56027 of 2015 Arising Out of PS.Case No. -133 Year- 2014 Thana -KHUDAGANJ District- NALANDA (BIHARSHARIFF) ======================================================

1. Shankar Yadav Son of Sri Surendra Yadav @ Surendra Prasad resident of Vishun Bagchia, Police Station Khudaganj, District - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Kumar, Advocate For the Opposite Party/s : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-01-2016 Heard learned counsel for the petitioner and the State.

Petitioner is languishing in custody since 06.08.2014 in a case registered for the offences punishable under Sections 364, 498A/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

It is alleged that the First Information Report lodged by Maheshwari Devi, mother of the petitioner on 02.09.2014 that on 27.08.2014 at about 7.00 P.M. Yugal Kishore Chaukidar along with a person came at her house, looking the husband of the informant for purchase of trailor, but the husband was not there. They claimed to be friends of the husband of the informant. But in the morning found that the daughter-in-law of the informant is traceless.

Patna High Court Cr.Misc. No.56027 of 2015 (3) dt.11-01-2016 It was suspected that Yugal Kishore Chawkidar and unknown person took away the victim. During investigation it transpired that the petitioner and other poisoned the victim and disposed of the dead body.

It is submitted by the learned counsel for the petitioner that during investigation the fact with regard to death of the victim has not been proved and charge-sheet has been submitted under Sections 364, 498A/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The delayed lodging of the case by the informant and the petitioner being the husband of the victim, this Court is not inclined to grant bail to the petitioner in connection with Khodaganj P.S. Case No. 133 of 2014, pending in the court of learned Sub-Divisional Judicial Magistrate, Hilsa, Nalanda. The bail application stands dismissed.

(Dinesh Kumar Singh, J) P.K./- U T