Raju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38568 of 2014 Arising Out of ase No. -120 Year- 2013 Thana -SISWAN District- SIWAN ====================================================== Raju Yadav, Son of Shiv Nath Yadav, Resident of Village Gyaspur Uttar Tola, Police Station Siswan, Distt. Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Tiwary For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 02-07-2015 This application under Section 438 CrPC is filed with a prayer for grant of anticipatory bail to the petitioner who figured as an accused in connection with Siswan PS Case No. 120/2013, wherein offences punishable under Sections 304B/ 498A/34 of the Indian Penal Code are alleged. The petitioner filed ABP No. 1150/2014 in the court of learned Sessions Judge, Siwan. The same has been rejected through order dated 15.7.2014. Hence this application. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor.

The allegation against the petitioner is serious in nature. It is not in dispute that wife of the petitioner died on 10.7.2013 within two years from her marriage with the petitioner. Naturally, presumption arises against the petitioner and it is for the

Patna High Court Cr.Misc. No.38568 of 2014 (4) dt.02-07-2015 2/2 petitioner to dispel the same. Where such is the seriousness of the allegation, the question of granting anticipatory bail to the petitioner does not arise.

This application is rejected.

(L. Narasimha Reddy,CJ) mrl U T