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Patna High CourtCR. MISC./25477/2016rejected

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

2016-08-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25477 of 2016 Arising Out of PS.Case No. -78 Year- 2014 Thana -JAYNAGAR District- MADHUBANI ======================================================

1. Sunil Yadav @ Sunil Kumar Yadav son of Indrajeet Yadav, resident of village Uchhal, P.S.- Jainagar, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-08-2016 Heard both sides.

The petitioner apprehends his arrest in connection with Jainagar P.S. Case No. 78 of 2014 registered for the offence punishable under section 304(B)/34 of the Indian Penal Code pending in the court of the learned Sub-divisional Judicial Magistrate, Madhubani.

The informant Ram Narayan Yadav, father of the deceased, alleged that he got information that his daughter Munni Devi was seriously ill. When the informant went there, he came to know that his daughter was killed by her husband and other inlaws due to non fulfillment of the demand of dowry. Learned counsel for the petitioner submits that the petitioner is the husband of the deceased but there is no

Patna High Court Cr.Misc. No.25477 of 2016 (3) dt.18-08-2016 allegation of demand of dowry and torture. The informant himself later on filed a petition that on account of wrong information he lodged the case but it appears that the informant and other witnesses have very categorically stated that the petitioner poisoned his wife to death and he fled away after concealing the dead body.

Considering the aforesaid facts and circumstances of the case and the allegation made against the petitioner and the fact that the petitioner is the husband of the deceased, I am not inclined to grant the privilege of anticipatory bail to the petitioner. This application for anticipatory bail is, accordingly, rejected. (Prabhat Kumar Jha, J) Amin/- U