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Patna High CourtCR. MISC./33199/2018dismissed

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

2018-07-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33199 of 2018 Arising Out of PS.Case No. -112 Year- 2018 Thana -BARARI District- KATIHAR ======================================================

1. Mukesh Kumar Yadav @ Mukesh Kumar @ Mukesh Yadav, Son of Late Ram Briksha Yadav, Resident of Village- Raunia, P.S.- Barari, DistrictKatihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Barari P.S. Case No.112 of 2018, registered for offences punishable under Sections 304B and 34 of the Indian Penal Code. Allegation against the petitioner is that who happens to be the husband of the petitioner.

Submission of the learned counsel for the petitioner is that she was suffering from Hepatitis-B and she was pregnant and due to that she died. Further submission of the learned counsel for the petitioner is that at several paragraphs of case diary, the aforesaid fact has come.

Heard learned A.P.P. also who opposed the prayer for bail and stated that she was pregnant but due to assault of leg by his

Patna High Court Cr.Misc. No.33199 of 2018 (3) dt.06-07-2018 2/2 husband (petitioner) which has come in the case diary and the post-mortem report which shows that the cause of death of due to rapture of gravid uterus caused by blunt injury over abiomen. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather the petitioner to surrender before the Court below and make prayer for regular bail.

(Vinod Kumar Sinha, J) Sanjeev/- U T