Shiv Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59938 of 2022 Arising Out of PS. Case No.-10 Year-2022 Thana- BHEJA District- Madhubani ====================================================== SHIV SHANKAR YADAV Son of Maheshwari Yadav Resident of VillageJhingwa, P.S.- Marauna District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hriday Narayan Harshit, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bheja PS case no. 10 of 2022 instituted for the offences punishable under Sections 304(B) and other allied sections of the Indian Penal Code.

The informant has alleged that though the marriage of the petitioner was solemnized with his daughter on 29.01.2022, however, the petitioner had killed her by administering poison on account of non-fulfilment of the demand for dowry. The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 25.02.2022. The learned counsel for the petitioner

Patna High Court CR. MISC. No.59938 of 2022(2) dt.16-01-2023 2/2 has further submitted that the petitioner has got no complicity in the matter and the daughter of the informant had committed suicide.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

I have heard the learned counsel for the parties and perused the materials available on record as also the impugned order dated 23.07.2022, from which the complicity of the petitioner in the alleged crime is apparent and moreover, the learned court below has also recorded in the impugned order dated 23.07.2022 that after investigation, the police has submitted charge sheet against the accused persons including the petitioner herein under Section 304B/34 of the Indian Penal Code and in fact, witnesses have also supported the allegation levelled against the petitioner and others during the course of investigation, hence, the petitioner being the husband of the deceased victim lady is the main accused in the present case, thus, I am not inclined to grant bail to the petitioner, hence, the present petition stands dismissed. (Mohit Kumar Shah, J) rinkee/- U T