Bhagirath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39132 of 2020 Arising Out of PS. Case No.-351 Year-2019 Thana- SONO District- Jamui ====================================================== Bhagirath Yadav, Son of Masudan Yadav, Resident of Village- Bhelwa Mohanpur, P.S.- Sono (Charkapathar), District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-07-2021 Nobody appears on behalf of the petitioner.

The State is however represented by the learned Addl. Public Prosecutor.

The petitioner seeks bail in anticipation of his arrest in connection with Sono P.S. Case No. 351 of 2019, dated 25.11.2019, instituted for the offences under Sections 304(B) and 34 of the Indian Penal Code.

The petitioner is the husband of the deceased.

Patna High Court CR. MISC. No.39132 of 2020(4) dt.13-07-2021 2/2 The accusation against the petitioner is of killing his wife.

It appears from the bail application that the deceased was injured and every effort was made by the petitioner to save her. It has been averred in the bail application that the death of the deceased was accidental. However, considering the nature of accusation against the petitioner, who is the husband of the deceased, this Court is not inclined to grant him anticipatory bail. The prayer for grant of anticipatory bail of the petitioner is, accordingly, rejected.

In case, if the petitioner surrenders before the Court below and seeks bail, the Court below shall consider the case on its own merits, without being prejudiced by the fact that the present anticipatory bail application has not been entertained by this Court.

The application stands dismissed.

(Ashutosh Kumar, J) Praveen-II/- U T