Patna High CourtCR. MISC./1926/2017rejected

Gore Lal Yadav v. The State Of Bihar

2017-02-07Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1926 of 2017 Arising Out of PS.Case No. -171 Year- 2015 Thana -ASHTHWAN District- NALANDA (BIHARSHARIFF) ====================================================== Gore Lal Yadav, Son of Dangal Yadav, Resident of village - Rami Bigha, Police Station- Asthawan, District - Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 07-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sessions Trial No.128 of 2016, arising out of Asthawan P.S. Case No.171 of 2015, registered under Sections 304(B) and 201/34 of the Indian Penal Code, pending in the court of the Additional Sessions Judge-III, Nalanda at Biharsharif.

The accusation is of killing the deceased, the daughter of the informant, within two years of her marriage, for non fulfillment of the dowry demand of cash Rs.50,000/- and one motorcycle, by her husband (petitioner) and other in-laws and also to dispose of her dead body.

Patna High Court Cr.Misc. No.1926 of 2017 (4) dt.07-02-2017 2/2 Learned counsel appearing on behalf of the petitioner submits that, in fact, the deceased, the wife of the petitioner and the daughter of the informant, died due to illness but with an ulterior motive, the petitioner has falsely been implicated in this case. Further submission is that one of the brothers of the deceased has filed an application in the court below regarding the death of the deceased due to illness. Moreover, the F.I.R. was lodged after two days of the alleged occurrence and the petitioner is in custody since 22.11.2015.

Admittedly, the petitioner is the husband of the deceased, the daughter of the informant, who died within two years of her marriage at her matrimonial house. Having regard to the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected.

(Rajendra Kumar Mishra, J) P.S./- U T