Rajesh Yadav @ Rajesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24743 of 2022 Arising Out of PS. Case No.-526 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== Rajesh Yadav @ Rajesh Kumar Yadav Son Of Pannalal Yadav R/O VillageKobeya, P.O.- Ranjeeta, P.S.- Harsiddhi, District- East Champaran At Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-09-2022 Heard both parties.

The petitioner apprehends his arrest in Harsiddhi P.S. Case No. 526 of 2020, registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code and sections 3/4 of the Dowry Prohibition Act.

It is a case of dowry death. Allegation against this petitioner is that he subjected the daughter of informant to torture and cruelty, demanded dowry and due to non-fulfillment of demand of dowry killed her.

It is submitted that petitioner is husband of the deceased. Petitioner is innocent and has committed no offence as alleged in the FIR. He never demanded any dowry. In fact, due to chronic disease the daughter of informant died.

Patna High Court CR. MISC. No.24743 of 2022(2) dt.12-09-2022 2/2 Postmortem report suggest cause of death as heart failure due to chronic disease.

Learned APP however, vehemently opposed the prayer for bail.

Considering the facts aforesaid and the nature of allegation and the fact that petitioner is husband of the deceased and deceased died in unnatural circumstance within seven years of marriage at her matrimonial home, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T