Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72922 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- NADI District- West Champaran ====================================================== Rajesh Yadav Son of Lalbabu Yadav, R/o Village- Pathkhauli, P.S.- Nadi, Dist.- West Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. R.S. Sahay, Advocate Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-12-2024 Heard Mr. R.S. Sahay, the learned counsel for the petitioner and Mr. Yogendra Kumar, the learned Additional Public Prosecutor for the State.

2.

Petitioner seeks regular bail who is in custody since 19.07.2024, in connection with Nadi P.S. Case No. 15 of 2024, FIR dated 04.04.2024, registered for the offences punishable under Sections 323, 506, 304(B), 201 and 34 of the Indian Penal Code.

3.

According to the prosecution case, the daughter of informant was subjected to torture and abuse by her in-laws over non-fulfillment of dowry demand. It is further alleged that informant was informed on 02.04.2024 that his daughter has been killed and when he reached her matrimonial home and

Patna High Court CR. MISC. No.72922 of 2024(4) dt.13-12-2024 2/3 tried to search his daughter, he could not find her. 4.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He further submits that the allegation levelled in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. He lastly submits that petitioner has been made accused in the present case merely on the ground that petitioner is husband of the deceased and in fact, she has committed suicide herself and petitioner has no role at all in the present occurrence.

5.

The learned Additional Public Prosecutor for the State on the other hand on the basis of materials available on record and particularly paragraph nos. 5, 6, 26 and 27 of the case diary has vehemently opposed the prayer for bail of the petitioner and submits that witnesses have supported the case of the prosecution and petitioner is husband of the deceased. Apart from that, without informing the police and without any postmortem, the dead body of the deceased has been disposed of by the petitioner.

6.

Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail in connection with Nadi P.S. Case No. 15 of 2024, pending in the Court of

Patna High Court CR. MISC. No.72922 of 2024(4) dt.13-12-2024 3/3 learned Judicial Magistrate 1st Class, Bagaha, West Champaran. 7.

Prayer is refused.

(Rajesh Kumar Verma, J) Shahnawaz/- U T