Patna High CourtCR. MISC./28983/2018dismissed

Surendra Yadav @ Suren Yadav v. The State Of Bihar

2018-08-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28983 of 2018 Arising Out of PS. Case No.-102 Year-2017 Thana- CHANDMUNDI District- Jamui ====================================================== Surendra Yadav @ Suren Yadav S/o Late Numeshwar Yadav, R/o Vill.- Bishodih, P.S.- Chandramandi, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Chandramandih P.S. case No.102 of 2017 registered under Sections 498A, 304B/34 of the Indian Penal Code, pending in the court of Sri Sumit Kumar Singh, J.M. 1st class, Jamui.

Allegation is that the accused persons including the petitioner committed murder of the sister of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.10.2017 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due

Patna High Court Cr.Misc. No.28983 of 2018(3) dt.07-08-2018 2/2 to mistake of fact. There is no other substantive evidence to suggest the implication of the petitioner in the present case nor there is any eye witness to the alleged occurrence. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is upon him to explain the cause of death of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to granted bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to expedite the trial.

(Sudhir Singh, J) Narendra/- U T