Manish Yadav @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64083 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- SANJHOLI District- Rohtas ====================================================== MANISH YADAV @ MANISH KUMAR Son of Wakil Yadav Resident of Village - Karmaini, P.S.- Sanjhauli, District- Rohtas. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Kumar Tiwary, Advocate.

For the State :

Ms. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sessions Trial No.403 of 2019 (Sanjhauli P.S. Case No.26 of 2019) registered under Sections 304(B)/34 of the Indian Penal Code. The accusation is that the marriage of the deceased Sonali Kumari alias Vijya Kumari, the daughter of the informant Kameshwar Yadav, was performed with the petitioner in the year 2013. After the marriage, the deceased, the daughter of the informant, was blessed with a male issue, whose name is Anshu Kumar and is aged about 2 years. Thereafter, the deceased, the daughter of the informant, was being asked by her husband (petitioner) and other in-laws for providing five Bighas of land.

Patna High Court CR. MISC. No.64083 of 2019(6) dt.25-02-2020 2/3 Ultimately, the deceased, daughter of the informant, was killed by her husband and other in-laws and information was given to the informant regarding the death of his daughter due to abdominal pain.

Learned counsel appearing on behalf of the petitioner submits that, admittedly, the petitioner is the husband of the deceased, the daughter of the informant, who died due to abdominal pain but with an ulterior motive, the petitioner and his other family members have falsely been implicated in this case. Further submission is that in the post-mortem report of the deceased, the daughter of the informant, only one bruise on the left side of her face was found. Viscera of the dead body of the deceased was sent to the Forensic Science Laboratory, Bihar, Patna, for chemical examination, in which no Metallic, Alkaloidal, Glycosidal, Pesticidal or volatile poison could be detected. The petitioner is in custody since 09.04.2019. The viscera report of the dead body of the deceased, the daughter of the informant, which has been received through letter dated 24.12.2019 of the Incharge Director, Forensic Science Laboratory, Bihar, Patna, shows that no Metallic, Alkaloidal, Glycosidal, Pesticidal or volatile poison could be detected on the viscera of the dead body of the deceased.

Patna High Court CR. MISC. No.64083 of 2019(6) dt.25-02-2020 3/3 Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-VIII, Rohtas at Sasaram, in connection with Sessions Trial No.403 of 2019 (Sanjhauli P.S. Case No.26 of 2019).

(Rajendra Kumar Mishra, J) P.S./- U T