Mithlesh Yadav @ Mithlesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25210 of 2024 Arising Out of PS. Case No.-459 Year-2023 Thana- NARPATGANJ District- Araria ====================================================== Mithlesh Yadav @ Mithlesh Kumar S/o Rajo Yadav @ Rajendra Yadav R/o vill - Bibiganj ward no. 10, P.s. - Narpatganj, Distt. - Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana For the Opposite Party/s :
Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for offence under Sections 304B, 201/34 of the Indian Penal Code.
3. As per prosecution case, all the F.I.R. named accused persons including this petitioner committed the murder of daughter of the informant for dowry.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and has been falsely implicated in this case merely because he happens to be husband of the deceased. Informant is not eye-witness to the occurrence and only on suspicion, present case has been lodged. Petitioner is in custody since 27.09.2023.
5. Learned A.P.P. for the State vehemently opposes the prayer for bail and submits that petitioner is husband of
Patna High Court CR. MISC. No.25210 of 2024(3) dt.17-05-2024 2/2 deceased and there is specific and direct allegation against him that he demanded cash of Rs. Two lacs and one pulsar motorcycle, as dowry and due to non-fulfillment of the same, he alongwith other family members committed the murder of deceased by strangulation and disposed her dead-body. Deceased died within seven years of marriage at her matrimonial in an unnatural circumstances.
6. Considering the fact that petitioner is husband of deceased and there is specific and direct allegation of demand of dowry and committing torture against him, the prayer for bail of petitioner is rejected.
(Prabhat Kumar Singh, J) anay U T