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Patna High CourtCR. MISC./42182/2018dismissed

Lilu Yadav v. The State Of Bihar

2018-09-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42182 of 2018 ====================================================== Lilu Yadav, S/o Rupan Yadav, resident of village-Pratapur, P.S.-Chakai, District-Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kartik Kumar Sinha, Advocate For the Opposite Party/s : Mr. Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 24-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Chakai P.S. Case No.87 of 2017 instituted for the offence under Section(s) 304-B, 328/34 Indian Penal Code and 3⁄4 Dowry Prohibiton Act pending in the Court of the Additional Chief Judicial Magistrate, III, Jamui. Petitioner is husband of the deceased. There is allegation in the written report that daughter of the informant was married with the petitioner about four years ago. She was tortured in her Sasural for non-fulfillment of demand of dowry. It is alleged that he received information that his daughter has been done to death in her Sasural for non-fulfillment of demand of dowry. He reached Sasural of his daughter and found her dead. It is alleged that the accused persons has caused death of his

Patna High Court Cr.Misc. No.42182 of 2018 (3) dt.24-09-2018 2/2 daughter by administering poison.

Learned APP has submitted that several witnesses have supported the case of torture by the accused persons. Post mortem report of the deceased is available in the case diary, wherein, several viscera have been preserved for chemical examination as no definite cause of death could be ascertained.

In such circumstances, this Court is not inclined to enlarge the petitioner on bail.

Prayer of the petitioner for grant of bail is rejected. Liberty is given to the petitioner to renew his prayer for bail after six months if no substantial progress is made in the case.

The Court below is directed to expedite the trial. (Sanjay Priya, J) JA/- Rohit Kr.

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