Nirmal Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47723 of 2019 Arising Out of PS. Case No.-64 Year-2018 Thana- DIGHALBANK District- Kishanganj ====================================================== NIRMAL KUMAR YADAV Son of Munna Lal Yadav @ Munna Yadav Resident of Village - Dubari, P.S.- Dighal Bank, Dist.- Kishanganj. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Arbind Kumar Singh, Advocate.

For the State :

Mr. Anil Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sessions Trial No.199 of 2018, arising out of Dighal-Bank P.S. Case No.64 of 2018, registered under Sections 304(B) and 120(B) of the Indian Penal Code, pending in the court of the Sessions Judge, Kishanganj.

The accusation is of killing the deceased, the daughter of the informant, by her husband (petitioner) and other in-laws for non-fulfillment of the dowry demand within two months of her marriage.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the

Patna High Court CR. MISC. No.47723 of 2019(5) dt.11-12-2019 2/2 deceased. Due to quarrel in between the deceased and the petitioner, the deceased committed suicide by hanging herself and regarding the same, information was given to the parents of the deceased and in their presence, the dead body of the deceased was cremated. The petitioner is in custody since 28.07.2018.

Admittedly, the petitioner is the husband of the deceased, the daughter of the informant, who died within two months of her marriage. In the post-mortem report of the deceased, the cause of her death has been shown as asphyxia and shock, as a result of hanging.

Having regard to the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected. (Rajendra Kumar Mishra, J) P.S./- U T