Nitesh Kumar Yadav @ Nitish Kr. Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22691 of 2018 Arising Out of PS. Case No.-137 Year-2017 Thana- MALSALAMI District- Patna ====================================================== Nitesh Kumar Yadav @ Nitish Kr. Yadav, Son of Lal Babu Rai, Resident of Mohalla Sharifaganj, P.S.- Malasalami, Patna City, Dist.- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Krishna Prasad Yadav For the Opposite Party/s :

Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 304B, 498(a)/34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim and thereafter killed her due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. There is no eye witness to the alleged occurrence nor there is any independent witness to

Patna High Court Cr.Misc. No.22691 of 2018(2) dt.17-04-2018 2/2 support the allegation levelled in the F.I.R. Vide Annexure-2 to the present application, an affidavit has been filed by the family members of the deceased where it has been stated that the case has been instituted due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.. He is the husband of the deceased, as such, the onus is upon him to explain the cause of death.

Considering the same, I am not inclined to grant bail to the petitioner. The same is rejected. Anyhow, if the petitioner surrenders in the Court below and prays for bail, the same shall be considered on its own merit without being prejudiced by the present order.

(Sudhir Singh, J) Pankaj/- U T