Raman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30227 of 2017 Arising Out of PS.Case No. -432 Year- 2016 Thana -SAHARSA District- SAHARSA ====================================================== Raman Yadav son of Baij Nath Yadav resident of Village- Nariyar (Latha) P.S. Saharsa, District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Singh For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 21.05.2016 in connection with Saharsa Sadar P.S. Case No. 432 of 2016 for offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code.

The prosecution case, as alleged by the informant, is that his daughter was tortured by the petitioner, who is husband, and in-laws family for demand of dowry and was informed that her daughter had been killed. The informant after coming from her village was her daughter dead and blood was oozing out from her nose and ear.

Patna High Court Cr.Misc. No.30227 of 2017 (5) dt.24-08-2017 It has been submitted by the learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the aforesaid case. He submits that the marriage took place 10 years back and the petitioner had three sons and was living happily with his deceased wife. He submits that chargesheet has already been submitted and there is no allegation of tampering of prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail stating that the deceased lady was injured and killed as the port mortem report suggests a number of injuries and death by asphyxia.

Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with Saharsa Sadar P.S. Case No. 432 of 2016 pending in the court of learned Chief Judicial Magistrate, Saharsa.

Application is, accordingly, rejected.

(Nilu Agrawal, J) Devendra/- U T