Lakshman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46615 of 2024 Arising Out of PS. Case No.-641 Year-2023 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Lakshman Yadav Son Of Sri Yogendra Yadav Village- Kajha Baniyapatti, P.S.- K. Nagar, Distt.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in K. Nagar P.S. case No. 641 of 2023 instituted for the offences under Sections 304B and 34 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the daughter of the informant was tortured and subjected to assault on account of non-fulfilment of demand of dowry by the accused persons including the petitioner and thereafter they committed murder of the victim.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.46615 of 2024(3) dt.25-09-2024 2/3 the petitioner has falsely been implicated in the present case. The petitioner is named in the F.I.R. The petitioner is husband of the deceased. Learned counsel for the petitioner submits that there was no demand of dowry made in this case. There is no eye witness to the said occurrence. The deceased was short tempered lady and committed suicide in her room. Thereafter, the petitioner and other family members carried the victim to the hospital for treatment where the victim died during treatment. The petitioner is in custody since 12.12.2023 and has no criminal antecedent. The post-mortem report also shows the cause of death is asphyxia due to hanging. Charge-sheet has been submitted in this case.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP submits that the incident took place just within five months of marriage inside the matrimonial home. Witnesses in various paragraphs of case diary has supported the allegation of demand of dowry made by the petitioner and for which deceased was subjected to mental and physical torture by them. There is allegation against the

Patna High Court CR. MISC. No.46615 of 2024(3) dt.25-09-2024 3/3 petitioner and, as such, the petitioner does not deserve to be released on bail.

6. Considering the nature of allegation and the gravity of offence, this Court is not inclined to grant bail to the petitioner.

7. Prayer is rejected.

(Rudra Prakash Mishra, J) Pankaj/- U T