Raghvendra Yadav @ Ragwendra Yadav @ Raghuvendra Sahni v. The State Of Bihar
Patna High Court Cr.Misc. No.18453 of 2017 (3) dt.23-05-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18453 of 2017 Arising Out of PS.Case No. -61 Year- 2016 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Raghvendra Yadav @ Ragwendra Yadav @ Raghuvendra Sahni Son of Lalman Yadav, Resident of Village- Jainitola, P.S.- Chautarwa Bathwariya, District- West Champaran.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-05-2017 Heard learned counsel for the petitioner and learned APP representing the State.
The petitioner seeks bail in connection with Choutarwa P.S. Case No. 61 of 2016 registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code. Rabita Devi, the sister of the informant, was married to the petitioner about four years ago and out of the wedlock there is a daughter. Allegedly, after marriage the in-laws started demanding motorcycle and gold chain, due to non-fulfillment she was being tortured and in spite of request made by the informant the petitioner and others did not allow her to go to her naihar to participate in the marriage ceremony of her own sister, thereafter, she was made traceless. It is alleged that after killing her, her dead body was made traceless.
Patna High Court Cr.Misc. No.18453 of 2017 (3) dt.23-05-2017 Submission is of false implication and that the first information report has been lodged after delay of 2 days, as a matter of fact the wife of the petitioner committed suicide as her brother refused to take away her in marriage ceremony. The dead body was cremated in presence of the informant and his family members, thereafter, the informant lodged this case only with a view to extract money and as such the petitioner deserves sympathetic consideration.
Learned APP seriously opposes the prayer of bail by submitting that the dead body was not found, resulting, chargesheet has been submitted under Section 364, 498A/34 IPC and 3 /4 of Dowry Prohibition Act.
In the facts and circumstances stated above, considering that the petitioner is the husband and there is allegation against him also, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) avin/- U T