Sanjay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36365 of 2024 Arising Out of PS. Case No.-201 Year-2023 Thana- JHAJHA District- Jamui ====================================================== Sanjay Yadav S/O - Paro Yadav @ Premchandra Yadav R/O - VillDhavathiya, P.S- Jhajha, Dist - Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Sinha For the Opposite Party/s :
Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in case registered for the offence under Section 302 /120(B) of the Indian Penal Code.
3. As per prosecution case, the daughter of informant was married with this petitioner in the year 2011 and from the wedlock, two children were born. It is alleged that on 18.02.2023, the informant received a telephonic call from father-in-law of his daughter that his daughter is seriously ill and as such, they are going to Bhagalpur for better treatment. After receipt of such information, when the informant went to in-laws house of his daughter, he saw the broken bangles of his daughter as well as some blood-stains on the earth and therefore, the informant came to a conclusion that his daughter
Patna High Court CR. MISC. No.36365 of 2024(2) dt.19-07-2024 2/3 has been killed by this petitioner and his father and mother.
4. Learned counsel for the petitioner submits that petitioner has been made accused in this case merely because he happens to be husband of the deceased. There is no eye-witness to the occurrence. As a matter of fact, the deceased was mentally ill and her treatment was going on in Kanke, Ranchi and on the fateful day, the deceased consumed poison and as such, she was being taken to a Hospital in Bhagalpur, but on way to hospital, she died. He further submits that during course of investigation, it has come that at the time of occurrence, petitioner was at Gujarat. The post-mortem examination of the deceased was done on 19.02.2023, however; the present complaint was filed on 24.02.2023 after thought and only with a view to extract money, this false and concocted case has been lodged. Petitioner is in custody since 16.01.2024.
5. However, learned A.P.P. for the State opposes the bail petition and submits that petitioner is husband of deceased and there is specific allegation against him that he committed the murder of deceased. Deceased has died in an unnatural circumstances at her matrimonial home.
6. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner and same is,
Patna High Court CR. MISC. No.36365 of 2024(2) dt.19-07-2024 3/3 accordingly, rejected.
(Prabhat Kumar Singh, J) anay U T