Ajay Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52320 of 2021 Arising Out of PS. Case No.-97 Year-2020 Thana- GADHPURA District- Begusarai ====================================================== Ajay Kumar Yadav S/o Ram Narayan Yadav R/O Village-Gadhpura Ward No.11, P.S-Gadhpura, District-Begusarai.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudish Kumar, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-02-2022 Heard learned counsel for the petitioner and Shri Shyameshwar Dayal, learned A.P.P. for the State through virtual Court proceedings.
The petitioner seeks bail in connection with Gadhpura P.S. Case No. 97 of 2020 instituted for the offences under Sections 302, 201 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 18.01.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that he got information that his sister Sindhu Kumari who was married to the petitioner on 08.06.2012 is unwell and was admitted in a clinic, accordingly the informant went to the clinic of Dr. Amrendra but could found his sister and
Patna High Court CR. MISC. No.52320 of 2021(2) dt.09-02-2022 2/3 then he went to the matrimonial home of his sister and found the petitioner and his family members missing, hence suspected that his sister was killed and body was disposed of as few days back this petitioner was paid Rs. 75,000/- by way of dowry. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is further submitted that the brother of the deceased had filed an informatory petition in the learned court below stating that the case has been instituted on account of mistake. Learned counsel submits that the deceased was taken to the hospital for treatment but was referred to a higher centre and on the way she died. Learned A.P.P.
for the State vehemently opposes the prayer for bail of the petitioner and submits that there is a specific allegation against the petitioner of receiving Rs. 75,000/- by way of dowry few days prior to the occurrence. Learned A.P.P. further submits that if what has been stated by the brother of the deceased in his informatory petition before the learned court below is true, then the police would not have filed charge-sheet against this petitioner finding the case to be true against him. It is further submitted that petitioner is the husband and his family members were found absconding when the informant visited the house as alleged in the F.I.R.
Patna High Court CR. MISC. No.52320 of 2021(2) dt.09-02-2022 3/3 Considering the submissions made by the learned A.P.P. for the State, the Court is not inclined to grant bail to the petitioner for the present. His prayer for bail is thus rejected. (Satyavrat Verma, J) Rishi/- U T