Guddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25321 of 2016 Arising Out of PS.Case No. -89 Year- 2013 Thana -KHAIRA District- JAMUI ====================================================== Guddu Yadav, son of Krishnadeo Yadav, Resident of Village- Bhojpur, P.S. Khaira, District- Jamui.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Prakash Kumar For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-08-2016 Heard learned counsel for the parties.

The petitioner being the husband of the daughter of the informant is languishing in custody since 30.4.2016 in a case registered for the offences punishable under sections 498A, 304B, 34, 201 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The basic accusation is of killing the daughter of the informant after five years of marriage for non-fulfillment of dowry demands.

It is submitted by the learned counsel for the petitioner that the petitioner was not present in the village when the victim died. The victim died due to accidental burn injury. Moreover, the informant, after knowing the truth of natural death of his daughter, filed a petition before the learned court below retracting from

Patna High Court Cr.Misc. No.25321 of 2016 (4) dt.05-08-2016 earlier version.

Learned counsel for the State after going through the case diary submits that during investigation it has not come that the petitioner was not present in the village on the date of occurrence, but the victim died due to burn injury after five years of her marriage and the dead body was disposed of without postmortem.

Considering the nature of accusation this Court is not inclined to grant bail to the petitioner since the case was registered in 2013 and the petitioner has preferred this application in the year 2016. This application is, accordingly, dismissed. It is expected from the learned court below to expedite the trial.

(Dinesh Kumar Singh, J) Surendra/- U