Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87611 of 2024 Arising Out of PS. Case No.-195 Year-2018 Thana- RAGHUNATHPUR District- Siwan ====================================================== Jitendra Yadav S/o Bishram Yadav Resident Of Village- Saran Dumari, PsRaghunathpur, Distt.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Ajay Kumar Tiwary, Advocate For the State :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 498A, 323, 326, 307 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. As per prosecution case, marriage of the informant was solemnized 14 to 15 years ago with this petitioner. It is alleged that after marriage, all the accused persons named in the F.I.R., including this petitioner, started demanding dowry of Rs. 1,00,000/- and a motorcycle and due to non-fulfillment of demand of dowry, father-in-law of the informant and this

Patna High Court CR. MISC. No.87611 of 2024(2) dt.21-02-2025 2/3 petitioner put the informant on fire due to which she received burn injuries and during course of treatment, she died.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has falsely been implicated in this case only on suspicion merely because he happens to be husband of the deceased. At no point of time, petitioner demanded any dowry or tortured the deceased. As a matter of fact, deceased received burn injuries due to accidental fire and during course of treatment, she died. Petitioner is in custody since 20.09.2024. Moreover, charge-sheet has already been submitted. Petitioner has got no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that petitioner is husband of the deceased and there is specific and direct accusation that he, along with other accused persons, set the victim on fire as a result of which she sustained burn injuries and later on died during course of treatment.

6. Considering the aforesaid facts and circumstances, the fact that petitioner is husband of the deceased and there is specific and direct accusation that due to non-fulfillment of demand of dowry, informant was done to death by this

Patna High Court CR. MISC. No.87611 of 2024(2) dt.21-02-2025 3/3 petitioner, along with other accused persons, by setting her on fire, the prayer for grant bail of to the petitioner is rejected. (Prabhat Kumar Singh, J) shashank/- U T