Patna High CourtCR. MISC./22940/2016rejected

Vikash Yadav v. The State Of Bihar

2016-07-27Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22940 of 2016 Arising Out of PS. Case No. -37 Year- 2015 Thana -KAUAKOL District- NAWADA ====================================================== Vikash Yadav Son of Ganouri Yadav Resident of village - Telhatta Dhamni, P.S. Kawakola, District - Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate. For the Opposite Party/s : Mr. Sri Sanjay Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-07-2016 Heard both sides.

The petitioner apprehends his arrest in Kawakola P.S. Case No. 37 of 2015 registered under Sections 304(B)/34 of the Indian Penal Code.

The informant alleged that his daughter was married with the petitioner 5-6 years ago but the petitioner was assaulting his wife for non fulfillment of demand of dowry. The informant got information about the death of his daughter and went to her inlaws' house. The informant saw the dead body of her daughter there. Learned counsel for the petitioner submits that the petitioner never demanded any dowry nor tortured his wife. The wife was always ill and, due to illness, she died. The post-mortem report shows no external or internal injury and viscera was preserved, but it appears from the case diary that almost all the witnesses have

Patna High Court Cr.Misc. No.22940 of 2016 (3) dt.27-07-2016 2/2 stated that the wife of the petitioner was ill but the petitioner was not getting her treated by any doctor. The petitioner neglected his wife and, consequently, she died.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Kawakola P.S. Case No. 37 of 2015. Accordingly, the same is rejected. If the petitioner surrenders in the court below, the court below shall consider the prayer for regular bail of the petitioner on its own merit.

(Prabhat Kumar Jha, J) Dilip/- U T