Patna High CourtCR. MISC./9878/2017dismissed

Nagendra Yadav v. The State Of Bihar

2017-03-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9878 of 2017 Arising Out of PS.Case No. -141 Year- 2016 Thana -KAKO District- JEHANABAD ======================================================

1. Nagendra Yadav, Son of Vishwanath Yadav, Resident of village - Jogiya Dih, Police Station - Kako, District - Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Asgher Najmi For the Opposite Party/s : Mr. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-03-2017 The petitioner is apprehending his arrest in connection with Kako P.S. Case No. 141 of 2016, registered for offences punishable under Sections 304(B)/34 of Indian Penal Code. It has been submitted on behalf of the petitioner that petitioner happens to be the husband of the deceased and as a matter of fact that the deceased fell down in the river and drowned due to which she died. It has further been submitted even in the inquest report, it has come that deceased died due to drowning. It has also been submitted that during the course of investigation it has come that she was seen going towards the river. Learned counsel for the State opposed the prayer for bail and submitted that in this case not only the family members of the deceased but also the villagers of the petitioner, have supported

Patna High Court Cr.Misc. No.9878 of 2017 (3) dt.21-03-2017 2/2 the case of prosecution and the case is under Section 304B and there is allegation against the petitioner of demand of dowry and torture.

Having heard both sides, considering the facts and circumstances of the case and also considering the fact that several paragraphs of the case diary supports the case of prosecution, I am not inclined to grant the petitioner, the privilege of anticipatory bail, It is accordingly rejected.

However, if the petitioner surrenders before the Court below and pray for regular bail, which will be considered by the court below on the merit of the case, without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sunil/- U T