Gullu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43237 of 2017 Arising Out of PS.Case No. -16 Year- 2016 Thana -GHOSBARI District- PATNA ====================================================== Gullu Yadav son of Sahdeo Yadav Resident of Village- Gosaigaon Garbu Asthan P.S. Ghoshwari District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 27.08.2016 in connection with Ghoshwari P.S. Case No. 16 of 2016 for offences punishable under Sections 304B, 201, 34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his daughter Khusboo Devi was married to the petitioner in the year 2014 but for demand of dowry she was always tortured and ultimately killed and body disposed of.

It has been submitted by the learned counsel for the petitioner that he is innocent and just because he is the husband, he

Patna High Court Cr.Misc. No.43237 of 2017 (3) dt.20-11-2017 2/2 has been falsely implication in the aforesaid case. He submits that there is contradiction in the version of witnesses as it has also been stated by the witnesses that because he was on friendly terms with his cousin wife petitioner's wife used to object for which she consumed poison. He submits that charge-sheet has already been submitted and the petitioner is languishing in judicial custody since nearly 1 1⁄2 years.

However, learned APP for the State opposes the prayer for bail stating therein that the body of the deceased has been disposed of by the petitioner without their information. 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 Ghoshwari P.S. Case No.16 of 2016, pending in the court of learned Additional Chief Judicial Magistrate, Barh, District-Patna.

The application is, accordingly, rejected.

However, the petitioner is at liberty to renew his prayer for bail after framing of charge.

(Nilu Agrawal, J) Devendra/- U T