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Patna High CourtCR. MISC./57917/2017dismissed

Tetar Yadav @ Tetari Yadav v. The State Of Bihar

2017-12-11Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57917 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -KATORIA District- BANKA ====================================================== TETAR YADAV @ TETARI YADAV, son of Batali Yadav, Resident of Village- Dhanwaran, Police Station- Katoriya, District- Banka. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Praveen Kumar For the Opposite Party : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Katoria P.S. Case No. 02 of 2017 instituted for the offence under Sections-304(B), 328, 34 of the Indian Penal Code.

The petitioner is husband of the deceased.

From the written report, it appears that marriage took place on 15-05-2016 and the deceased died in her Sasural on 15-12-2016 within 7 months of the marriage.

There is specific allegation against this petitioner of committing torture with the daughter of the informant for demand of dowry. It is also alleged that on the date of occurrence, he forcibly put Selphas tablet in the mouth of daughter of the informant and thereafter, she died during course of treatment.

The postmortem report has been enclosed as Annexure-2

Patna High Court Cr.Misc. No.57917 of 2017 (2) dt.11-12-2017 2/2 wherein the doctor has preserved various viscera for forensic science laboratory which also supports the allegation that the deceased was given Selphas tablet.

Counsel for the informant has appeared and opposed the prayer.

In such circumstances, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail stands rejected.

The petitioner is directed to surrender in the court below and seek regular bail which will be considered and disposed of on its own merit without being prejudiced by this order. (Sanjay Priya, J) A.K.V./- U T