Rohit Yadav@ Rohit Jadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58964 of 2023 Arising Out of PS. Case No.-146 Year-2023 Thana- BANKA District- Banka ====================================================== Rohit Yadav@ Rohit Jadav Son Of Late Hari Yadav Resident Of Village- Bar Mahua (Domuhan), Ps- And Distt- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 498(A), 304(B)/34 of the Indian Penal Code.

3. As per allegation in the FIR, it is a case of dowry death of the informant's sister due to non-fulfillment of additional dowry demand of Rs. Three lakh rupees. On 12.3.2023 informant received a telephonic call that petitioner in connivance with other accused persons have killed his sister by assaulting her by lathi and thereafter throttling with wire.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.58964 of 2023(6) dt.23-01-2024 2/3 petitioner has submitted that petitioner is husband of the deceased and has been falsely implicated in this case. He has never demanded any thing from the deceased or her family members. There is no prior complain by the deceased regarding torture or harassment by the petitioner or his family members at her matrimonial home. Deceased died due to ailment and her death was informed to her parents and informant prior to cremation. Petitioner is languishing in judicial custody since 16.4.2023.

5. The application for bail is opposed by learned APP for the State and submitted that petitioner is husband of the deceased and she died within seven years of her marriage. As per postmortem report, doctor found ligature mark around her neck and several abrasion marks were present over the body. Inquest report is in consonance with the postmortem report. During investigation, several witnesses have supported the prosecution case.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Patna High Court CR. MISC. No.58964 of 2023(6) dt.23-01-2024 3/3

7. The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) sushma/- U