Sonu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38653 of 2019 Arising Out of PS. Case No.-523 Year-2018 Thana- BANKA District- Banka ====================================================== SONU YADAV Son of Chhotan Yadav, Resident of Village - Sanhola, P.S.- Banka, Distt.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandan Prasad, Adv.

For the Opposite Party/s :

Mr.Arun Kumar Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-06-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Banka P.S. Case No. 523 of 2018 registered for offence punishable under sections 328 and 302 of the Indian Penal Code.

The marriage of victim was solemnized with the petitioner and allegation has been made that the petitioner used to torture and assault the victim. On 04.08.2018 at about, the victim had given a call to the informant and narrated about the torture perpetrated upon her. The informant went there and returned from where after reconciling the matter. On the same day, at about 4:00 P.M., the informant received an information that his sister is unconscious whereupon the informant and his

Patna High Court CR. MISC. No.38653 of 2019(2) dt.25-06-2019 2/2 family members went there. Allegation has been made that the petitioner and his family members assaulted the victim and administered poison forcibly. The informant carried his sister to the hospital where she was declared dead.

The learned counsel for the petitioner submits that the death has occurred in the maike of the deceased, but the court below in the impugned order has recorded about the death of deceased after examining the paragraphs 3, 4, 14 and 16 of the case diary, are statement of witnesses. In such view of the matter, this Court is not inclined to grant bail to the petitioner and accordingly his prayer for bail is rejected. However, if the petitioner surrenders within a period of three weeks, the court below without being prejudiced by this order, will take decision in accordance with law. (Shivaji Pandey, J) Mahesh/- U T