Patna High CourtCR. MISC./52514/2019dismissed

Lakhan Yadav @ Ram Lakhan Yadav v. The State Of Bihar

2019-08-22Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52514 of 2019 Arising Out of PS. Case No.-101 Year-2019 Thana- BASOPATTI DistrictMadhubani ====================================================== LAKHAN YADAV @ RAM LAKHAN YADAV, aged about 54 years, son of Prabhoo Lal Yadav Resident of Village- Ghorbanki Tole, Balat P.S. Basopatti, District- Madhubani.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Gagan Deo Yadav, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 304(B), 34 of the Indian Penal Code registered in connection with Basopatti P.S. Case No. 101 of 2019.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the father-in-law of the deceased. It is submitted that the information about the death, which was in fact a case of suicide, was given to the family members of the deceased pursuant to which they came and looted the household articles of the petitioner and for which an F.I.R. was lodged in Basopatti P.S. Case No. 102 of 2019 on 29.05.2019 (Annexure-2). It is further submitted that the

Patna High Court CR. MISC. No.52514 of 2019(2) dt.22-08-2019 2/2 petitioner was separate in mess and business from the husband of the deceased. The petitioner claims clean antecedents.

4. Learned APP opposes the petition inviting reference to the order of the learned Additional Sessions Judge, taking note of the submission that the inquest report shows that the tongue was protruded from the mouth which was suggestive of throttling. It is further submitted that death has occurred within about one year of marriage.

5. Having regard to the nature of accusations and the gravity of the offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

(Vikash Jain, J) Ibrar//- U T