Bishwakarma Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14519 of 2017 Arising Out of PS.Case No. -117 Year- 2016 Thana -MANJHI District- SARAN ====================================================== Bishwakarma Yadav, son of Mohan Yadav, resident of village- Dumari, P.S.- Manjhi, District-Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vitesh Kumar Singh, Advocate For the Opposite Party/s : Smt. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 21-07-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Manjhi P.S. Case No.117 of 2016 instituted for the offence under Section(s) 304-B, 201/34 Indian Penal Code pending in the Court of the Additional Chief Judicial Magistrate, 5th, Chapra, Saran. Petitioner is husband of daughter of the informant. As per allegation in the written report, daughter of the informant was married with this petitioner in the year 2011. She went to her Sasural and after lapse of one year the petitioner and other accused persons started committing physical and mental torture with her for demand of dowry. The daughter of the informant informed on 24.05.2016 about the torture committed on her. The informant along with his relatives went to Sasural of his daughter on 25.05.2016 and found the petitioner and other

Patna High Court Cr.Misc. No.14519 of 2017 (3) dt.21-07-2017 2/2 accused persons were absconding. He finally got information that the accused persons have committed murder of his daughter and got the dead body disappeared.

It is admitted position that the girl is still traceless. The petitioner has, however, submitted that the girl is living in Gujarat with some boy after marrying with her. A report was called for from the Superintendent of Police, Sitamarhi, about the current status of the case, which has been received, wherein, the Superintendent of Police has stated that the girl is still traceless. The case has been found true during investigation till date for the offence under Section 364/34 Indian Penal Code against the petitioner and other accused persons. In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.

Prayer is rejected.

The petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order. (Sanjay Priya, J) JA/- U T