Sharwan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40634 of 2020 Arising Out of PS. Case No.-382 Year-2018 Thana- JAGDISHPUR District- Bhagalpur ====================================================== SHARWAN YADAV Son of Haldhar Yadav Resident of Village - Tarcha, P.S. - Goradih and District - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madan Mohan, Advocate For the Opposite Party/s :
Mr.Dr. Mrityunjaya Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Jagdishpur (Goradih) P.S. Case No. 382 of 2018, registered for the offence punishable under Sections 304B, 201 and 34 of the Indian Penal Code. As per the prosecution case, informant's daughter married with this petitioner in the year 2012 and out of the said wedlock she had two children. Soon after marriage, all the accused persons started demanding dowry and subjected her to torture and harassment due to non-fulfillment of demand of dowry. On 22.07.2018, informant came to know that her daughter was done to death by the accused persons including this petitioner and got her body disappeared. It is submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.40634 of 2020(2) dt.24-02-2021 2/2 petitioner has falsely been implicated in this case simply because he is husband of the deceased. There is inordinate delay in lodging of the FIR for which no plausible explanation has been given. Chargesheet has already been submitted. Petitioner is in custody since 07.09.2019 having no criminal antecedent. Learned APP however, vehemently opposed the prayer for bail and submitted that petitioner is husband of the deceased and there is direct allegation of torture and harassment against him.
Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T