Patna High CourtCR. MISC./46600/2023rejected

Yogendra Yadav v. The State Of Bihar

2023-09-11Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46600 of 2023 Arising Out of PS. Case No.-686 Year-2022 Thana- HISUWA District- Nawada ====================================================== YOGENDRA YADAV SON OF DEEPU YADAV RESIDENT OF VILLAGE -MANJHWAY, PS -HISUA, DIST- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad For the Opposite Party/s :

Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-09-2023

1. Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. Petitioner, who is in custody since 21.01.2023 seeks bail, in connection with Hisua P.S. Case No.686/2022, dated 19.11.2022, for the offences punishable under Sections 304(B) and 34 of the IPC.

3. According to prosecution case, the petitioner along with other co-accused persons have committed murder of the deceased due to non-fulfillment of the demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.46600 of 2023(3) dt.11-09-2023 2/2 petitioner has not committed any offence as alleged in the F.I.R.

5. Learned counsel for the informant as well as learned Additional Public Prosecutor for the State on the other hand have vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner and the deceased has died within seven years of her marriage and the postmortem report suggests that cause of death is intense pressure (compression) over neck (trachea) and chest leading to asphyxia.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Hisua P.S. Case No.686/2022 pending in the Court of learned A.C.J.M.-VI, Nawada.

7. Prayer is refused.

(Rajesh Kumar Verma, J) amit/- U T