Shyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40387 of 2025 Arising Out of PS. Case No.-221 Year-2024 Thana- CHANDI District- Bhojpur ====================================================== Shyam Kumar S/o Late Haridwar Yadav @ Haridwar Singh R/o VillageRampur, P.S.- Chandi, District- Bhojpur, Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate For the State :

Mr. Nitya Nand Tiwary, A.P.P.

For the Informant :

Mr. Piyush Saurav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-09-2025 Heard Mr. Gagan Deo Yadav, learned counsel for the petitioner, learned A.P.P. for the State and Mr. Piyush Saurav, learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Learned counsel appearing on behalf of the petitioner submits that the petitioner is a person of clean antecedent and the informant alleges that on 21.12.2024 at about 04:53 P.M., he received information from the petitioner on phone that his daughter died on account of receiving electric current. Accordingly, he reached the place of occurrence and saw the dead body of his daughter lying and no one was present

Patna High Court CR. MISC. No.40387 of 2025(3) dt.01-09-2025 2/3 in the house. It is further alleged that the petitioner used to demand dowry of Rs. 2 lakhs and on account of non-fulfillment of the demand the victim was tortured. Thus, it is alleged that the accused persons including the petitioner strangulated his daughter to death.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the instant case by the informant. It is next submitted that the informant is not an eyewitness to the occurrence. It is also submitted that had the petitioner been involved in the occurrence of committing the murder of the deceased, in that event, efforts would have been made to dispose of the dead body with a view to conceal the evidence, but then the dead body was sent for postmortem. It is also submitted that in the postmortem, it was recorded that a strangulation mark is present on the neck. It is further submitted that the deceased committed suicide.

5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant oppose the prayer for anticipatory bail of the petitioner and learned A.P.P. submits that even presuming that the deceased committed suicide, in that event also the responsibility of the petitioner does not get minimized being the husband. It is further submitted that wife is

Patna High Court CR. MISC. No.40387 of 2025(3) dt.01-09-2025 3/3 the prime responsibility of the husband and even if the wife committed suicide, in that event the husband must have created conditions conducive for the victim to take the extreme step of ending her life.

6. Considering the submissions made by learned A.P.P. for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner in connection with Chandi P.S. Case No. 221 of 2024 pending in the Court of the learned Chief Judicial Magistrate, Bhojpur at Ara/Successor Court.

7. Hence, the prayer for anticipatory bail application is rejected.

(Satyavrat Verma, J) Neha/- U T