Krishnandan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53106 of 2015 Arising Out of PS.Case No. -25 Year- 2015 Thana -SHEKHPURA District- SEKHPURA ======================================================
1. Krishnandan Yadav, Son of Bino Yadav, Resident of Village- Dullapur, P.S.- Sheikhpura, District- Sheikhpura.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Jitendra Kumar Roy-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 25-01-2016 Heard both sides.
The husband of the deceased is facing prosecution under Sections 302, 201 and 120 B/34 of the IPC vide Sheikhpura ( Hathiyawan) P.S. case No. 25 of 2015 seeks anticipatory bail. The father of the deceased lodged the case alleging that soon after the 'bidai' of the daughter she was being tortured on account of non fulfillment of the demand of dowry inasmuch as she had to file a complaint against the petitioner. Precisely, the allegation is that few days prior to the occurrence she was taken to the matrimonial home and thereafter done to death in a mysterious circumstance.
It is submitted that wedlock could not produce any sibling. The victim/deceased was a frustrated lady. She had, in
Patna High Court Cr.Misc. No.53106 of 2015 (3) dt.25-01-2016 2/2 fact, committed suicide for which First Information Report has been lodged with concocted allegation.
Learned APP for the State, on the other hand, opposed the prayer contending that the case diary indicates materials against the petitioner.
Considering the submissions of the parties and on going through the record particularly those reflected from the order the learned Sessions Judge, I am not persuaded to extend the privilege of anticipatory bail . Prayer is, accordingly, rejected. Petitioner may surrender and seek regular bail before the learned Court below.
(Kishore Kumar Mandal, J) Shyam/- U T