Satyendra Yadav @ Kare Yadav @ Sailendra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48022 of 2021 Arising Out of PS. Case No.-16 Year-2020 Thana- ATRI District- Gaya ====================================================== SATYENDRA YADAV @ KARE YADAV @ SAILENDRA PRASAD Son of Late Bhonu Yadav Resident of Village - Narawat, P.S. - Atri, District - Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
M/s Aryan Singh, Gajendra Kumar Singh, Advocates For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-03-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B, 302, 498A, 201, 120B and 34 of the Indian Penal Code. As per the prosecution case, it is stated by the informant that his daughter was married to the petitioner. The accused persons including the petitioner herein used to regularly beat up the daughter of the informant for non-fulfillment of the demand of dowry. As a result of conspiracy, the informant's daughter was killed and her body disposed of. It is submitted by learned counsel for the petitioner that the petitioner is the husband of the deceased. He has been falsely implicated in the case. From the material that has transpired in course of investigation and specially the statement
Patna High Court CR. MISC. No.48022 of 2021(3) dt.10-03-2022 2/3 of the daughter of the deceased, it is submitted that as a result of some altercation it was the deceased herself who consumed poison and died. Even independent witnesses have supported the said case. There is no explanation for the delay of three days in lodging of the FIR. No statement has been given by the informant as to when information was received by him. It was after he had participated in the cremation that he proceeded to lodge this false case. The petitioner is in custody since 11.12.2020 and has no criminal antecedent.
Heard learned APP for the State.
Having heard learned counsel for the parties and on perusal of the materials on record it transpires there is allegation of assault by the petitioner and the members of his family on the daughter of the informant. Further the accused persons on death of the deceased, cremated her body without any postmortem examination.
In the facts of the case, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Spd/- U T
Patna High Court CR. MISC. No.48022 of 2021(3) dt.10-03-2022 3/3