Surendra Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.51932 of 2016 (3) dt.10-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51932 of 2016 Arising Out of PS.Case No. -111 Year- 2016 Thana -KHIJARSARAI District- GAYA ======================================================

1. Surendra Yadav S/o Late Munshi Yadav Resident of village - Akauni, P.S. Khizersarai, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 19.09.2016 in connection with Khizersarai P.S. Case No. 111 of 2016 registered under Sections 328 and 302 of the Indian Penal Code and Section 3/4 of the D.P. Act. Accusation is of murder by administering poison on account of non fulfillment of dowry demand.

Learned counsel for the petitioner has submitted that the petitioner innocent and has committed no offence. He has falsely been implicated in this case. In fact, the deceased was short tampered lady and she had stealthily taken poison. The petitioner and family members tried to save the life of the deceased but she succumbed to death. Moreover, this is case of suicidal nature not homicidal. Learned A.P.P. has opposed the prayer for bail.

Patna High Court Cr.Misc. No.51932 of 2016 (3) dt.10-02-2017 Considering the facts and circumstances of the case an the nature of accusation, this Court is not inclined to grant bail to the petitioner, accordingly, this application is rejected. However the petitioner may renew the prayer of bail after framing of charge. (Arvind Srivastava, J) brajesh/- U T