Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32141 of 2017 Arising Out of PS.Case No. -248 Year- 2016 Thana -BARAULI District- GOPALGANJ ======================================================

1. Raj Kumar Yadav, Son of Ramaji Yadav, resident of VillageMohammadpur Pakwa Innar, P.S. Barauli (Mdhour O.P.), DistrictGopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Anisur Rahman For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Barauli P.S. Case No. 248 of 2016 instituted for the offence under Sections-304(B), 201/34 of the Indian Penal Code.

The petitioner is husband of the deceased. There is allegation that the petitioner and other accused persons caused death of daughter of the informant by poisoning.

Counsel for the petitioner has submitted that the informant has filed a petition in the court below vide Annexure-2 stating that he has filed this case on account of misunderstanding. She has stated that her daughter died on account of illness.

Learned Addl. P.P. has submitted that in the case diary, the witnesses have stated that the victim girl was given poison. In the impugned order, the learned Sessions Judge has

Patna High Court Cr.Misc. No.32141 of 2017 (4) dt.05-09-2017 2/2 mentioned that witnesses in different paragraphs have supported the case. The dead body of the deceased was disposed off without information to the informant.

In such circumstances, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected.

The petitioner is directed to surrender in the court below and seek regular bail, which will be considered on its own merit without being prejudiced by this order.

(Sanjay Priya, J) A.K.V./- U T