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Patna High CourtCR. MISC./12592/2018rejected

Bal Bijay Yadav v. The State Of Bihar

2018-03-05Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12592 of 2018 Arising Out of PS. Case No.-13 Year-2016 Thana- CHAUSA District- Madhepura ====================================================== Bal Bijay Yadav, Son of Dulo Yadav, Resident of Village Arajpur Bhitha Tola, P.S. Chausa, District Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s :

Mr. SRI SHYAM BIHARI SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 05-03-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Chausa P.S. Case No.13 of 2016, registered under Sections 304(B)/201/120(B)/34 of the Indian Penal Code. Allegation in brief is that the petitioner killed his wife after assaulting her.

Learned counsel for the petitioner submits that in fact the deceased committed suicide and the police while preparing the inquest report has observed that the deceased assaulted herself and as a result she died; whereas learned counsel for the State submits that the impugned order clearly shows that the deceased was killed as the cause of death in the post-mortem report is strangulation.

Patna High Court Cr.Misc. No.12592 of 2018(2) dt.05-03-2018 2/2 Having considered the said facts and circumstances and the fact that the deceased is said to be killed and died due to strangulation and the petitioner is husband, so the prayer of bail of the petitioner is rejected in connection with Chausa P.S. Case No.13 of 2016, pending in the court of learned Judicial Magistrate, 1st Class, Udakishanganj, District Madhepura. (Arun Kumar, J) S.KUMAR/- U T