Patna High CourtCR. MISC./58509/2017rejected

Basant Yadav v. The State Of Bihar

2018-01-18Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58509 of 2017 Arising Out of PS.Case No. -28 Year- 2017 Thana -JAMHORA District- AURANGABAD ====================================================== Basant Yadav S/o Raghunandan Yadav, R/o Village/Mohalla- Saida Bigha, P.S.- Jamhor, District- Aurangabad, (Bihar).

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Atul Chandra, Adv. For the Opposite Party/s : Mr. Sri Lalan Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 436,307,302/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act. The petitioner is husband of the victim Reena Devi. Reena Devi gave her fardbeyan before the police in the Female Ward, Sadar Hospital, Aurangabad that for nonfulfillment of dowry demand, the petitioner and others burnt her as well as to her child after pouring kerosene oil. The child died instantly and during course of treatment, the informant also died. Paragraph-28 of case diary would reveal that further statement of the victim was recorded by the police on 05.04.2017 in the Patna Medical College and

Patna High Court Cr.Misc. No.58509 of 2017 (4) dt.18-01-2018 Hospital, which fortifies the trustworthiness of the dying declaration as the victim was mentally and physically fit to make statement.

Submission of the learned counsel for the petitioner is that there is no witness before the police to substantiate a case of dowry death rather the witnesses have stated that the victim sustained burn injury while she was cooking food, as a result whereof, she died. It is evident that the parents of the victim were not alive on the date of occurrence. The victim died unnatural death within few years of her marriage. Hence, I am not inclined to enlarge the petitioner on bail.

Accordingly, the application is rejected in connection with Jamhor P.S.Case No. 28 of 2017 pending before the court of learned Chief Judicial Magistrate, Aurangabad.

(Birendra Kumar, J) Nitesh/- U T