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Patna High CourtCR. MISC./11300/2018dismissed

Vijay Yadav @ Vijay Singh v. The State Of Bihar

2018-04-03Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11300 of 2018 Arising Out of PS. Case No.-139 Year-2017 Thana- AKHODHIGOLA District- Rohtas ====================================================== Vijay Yadav @ Vijay Singh, S/o Kameshwar Yadav, Resident of VillageGangauli, P.S.- Dalmia Nagar OP, District- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Kumar Shukla For the Opposite Party/s :

Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-04-2018 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in Akorhigola P.S. Case No. 139 of 2017 instituted for the offence under Sections 302, 34 of the IPC.

The petitioner is the husband of the deceased. In the written report, it is alleged that marriage of the daughter of the informant was performed in the year1999. The petitioner has illicit relationship with his sister-in-law for which daughter of informant always protested. On account of which the petitioner used to assault her and gave threat to kill. The informant told about such illicit relationship to informant. It is further alleged that on 10.08.2017 the petitioner came at the house of the informant and told that his daughter has jumped in the Mathuri

Patna High Court Cr.Misc. No.11300 of 2018(3) dt.03-04-2018 2/3 Canal at Dalmia Nagar. Thereafter, entire family members started searching the victim but they could not succeed. On 11.08.2017, the informant received information that a dead body was in Sone Canal, then informant and others went there and identified the dead body.

Learned counsel for the petitioner has submitted that in the case diary none of the witnesses have supported the case. He has also submitted that in the case diary this peitioner is maintaining the parents of the victim lady.

There is specific allegation against the petitioner of committing physical and mental torture with the deceased when she raised protest for illicit relationship of petitioner with her sister-in-law. The dead body of deceased was recovered from canal.

In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

Accordingly, this anticipatory bail petition stands rejected.

The petitioner is directed to surrender in the court below within six weeks from today and seek regular bail which will be considered by the court below in accordance with law and disposed off preferably on the same day, without being

Patna High Court Cr.Misc. No.11300 of 2018(3) dt.03-04-2018 3/3 prejudiced by this order.

(Sanjay Priya, J) khushbu/- U T