Naresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55354 of 2016 Arising Out of PS.Case No. -87 Year- 2016 Thana -MAHKAR District- GAYA ====================================================== Naresh Yadav, s/o late Chamari Yadav, r/v Dharmpur, P.S.-Mahkar, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-02-2017 Heard both sides.

The petitioner seeks bail in Mahkar P.S. Case No. 87/2016, registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.

The brother of the deceased made allegation that his sister Shyampari Devi was married to Jamindra Yadav in the year 2015 but she was burnt to death on 25.09.2016. The informant went there and saw the dead body of his sister. Learned counsel for the petitioner submits that the petitioner is father-in-law of the deceased and he never demanded any dowry nor tortured the deceased. The informant after 25 days of the institution of the case filed a petition to compromise the case, but from perusal of the records it appears that the informant

Patna High Court Cr.Misc. No.55354 of 2016 (3) dt.28-02-2017 2/2 made specific allegation that the petitioner was also demanding Rs. 1 lacs for construction of his house. The deceased, sister of the informant was burnt to death within one year of her marriage. Considering the facts aforesaid and the fact that the petitioner being father-in-law of the deceased was also demanding additional dowry, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected. If the trial is not concluded within one year, the petitioner may renew his prayer for bail.

(Prabhat Kumar Jha, J.) Rakhi U T