Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.38886 of 2020 Arising Out of PS. Case No.-19 Year-2020 Thana- CHANDAN District- Banka ====================================================== PAPPU YADAV SON OF MATAL YADAV RESIDENT OF KASAI, P.S. - CHANDAN, DISTRICT - BANKA ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey,Advocate For the Opposite Party/s :

Mr.Lalan Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-07-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Lalan Kumar, learned APP for the State.

Petitioner in the present case is seeking regular bail in connection with Chandan P.S. Case No. 19 of 2020 registered for the offences punishable under Sections 304 (B), 201 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is the husband of the deceased but he has been falsely implicated in this case. According to him in course of investigation some of the witnesses have stated that the deceased had developed illicit relationship with co-accused

Patna High Court CR. MISC. No.38886 of 2020(4) dt.19-07-2021 2/3 Jitendra Yadav and because of that the mother of said Jitendra Yadav had given blow by a wood piece on the head of the deceased as a result whereof she died, thereafter, her dead body was burnt at the border of Jasidih with the help of co-villagers. Learned counsel further submits that this petitioner is deaf and dumb and in this regard, he has relied upon the certificates enclosed with the petition.

On the other hand, learned APP for the State has opposed the prayer for regular bail of the petitioner. It is his submission that in course of investigation, it has come through the witnesses that the deceased was being tortured by the petitioner for non-fulfillment of the demand of dowry. She had come back to her maike because of the said consistent pressure of the demand but few days before the alleged occurrence her husband had come and taken her to her sasural. She was carrying a pregnancy of four months.

It is further submitted that the dead body of the victim was burnt near the border of Jasidih without giving any information to her parents and other family members shows that the petitioner being husband of the deceased had actively participated in the alleged occurrence.

Having regard to the facts and circumstances of the

Patna High Court CR. MISC. No.38886 of 2020(4) dt.19-07-2021 3/3 case wherein this Court has noticed that there are witnesses who are saying that the victim was being tortured for dowry, for these reasons she had left her matrimonial home and had gone to her maika from where the petitioner had brought her few days back and, thereafter, she died within the four corners of her matrimonial home and her dead body was also burnt, in the circumstances this Court is not inclined to release the petitioner on bail.

The prayer for regular bail of the petitioner is, thus, refused.

Let the trial be expedited.

The application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SONALI/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'