Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48848 of 2019 Arising Out of PS. Case No.-349 Year-2018 Thana- BALIYA District- Begusarai ====================================================== Rekha Devi Wife of Sikendra Yadav, Resident of Village - Rahatpur, P.S.- Ballia, Distt - Begusarai.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-11-2019 Heard both sides.

The petitioner seeks bail in Ballia P.S. Case No.349 of 2018 registered under Sections 302, 201/34 of the Indian Penal Code.

The informant, father of the deceased, disclosed that four days before the occurrence, his son received call on mobile and after receiving the said call, his son went to Sasural (at the residence of his wife's house). Thereafter, the informant got information that father-in-law, mother-in-law of his son killed his son and left his dead body in the private clinic and informed maternal aunt of the deceased.

Learned counsel for the petitioner submits that the deceased might have quarreled somewhere else and in the said dispute, he had received injury. The petitioner brought him to

Patna High Court CR. MISC. No.48848 of 2019(4) dt.20-11-2019 2/2 Hospital for treatment, where the doctor declared him dead, but on perusal of the case diary, it appears that witnesses have stated that the deceased Birbal Yadav was residing in the house of her in-laws and dead body was brought to Gayatri Hospital, where the doctor found him dead. On perusal of the postmortem report, it appears that the deceased was throttled to death and he died due to asphyxia as a result of throttling. It also appears that four injuries were found on different part of the dead body of the deceased besides throttling.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) nawalkrs/- U T