Patna High CourtCR. MISC./20658/2018dismissed

Munna Yadav v. The State Of Bihar

2018-04-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20658 of 2018 Arising Out of PS. Case No.-103 Year-2016 Thana- PUNPUN District- Patna ====================================================== Munna Yadav, son of Late Nirikh Lal, resident of Village- Lochna, P.S.- Punpun, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 498A, 304B, 201 and 34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim and thereafter killed the deceased putting her on fire due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.01.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case due to petty family dispute. There

Patna High Court Cr.Misc. No.20658 of 2018(2) dt.11-04-2018 2/2 is no substantive evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence. No independent witness has come forward to support the allegations made in the F.I.R. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is on him to explain the cause of death. Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. The prayer is rejected.

(Sudhir Singh, J) Pankaj/- U T