Tetar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.136 of 2024 Arising Out of PS. Case No.-02 Year-2017 Thana- KATORIYA District- Banka ====================================================== Tetar Yadav S/o Batali Yadav @ Bali Yadav R/o Village- Dhanbaran, PSKatoriya, Dist-Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2024 Heard learned counsel for the parties.

2. The petitioner seeks regular bail in registered for the offences punishable under sections304(B), 328 and 34 of the Indian Penal Code .

3 It is case of dowry death .

4. It is submitted that the petitioner is the husband of the deceased. He has been falsely implicated in this case only on the basis of suspicion. As a matter of fact, the petitioner was not present at the place of occurrence because, at that time, he was in Kolkata. During the course of the investigation, it has come to light that there was some altercation between the deceased and this petitioner, due to which the deceased committed suicide. Petitioner is in custody since 09.09.2023 . 5 However, learned counsel for the state opposes the

Patna High Court CR. MISC. No.136 of 2024(3) dt.21-03-2024 2/2 prayer for bail and submits that the petitioner is none else than the husband of the deceased, and there is a specific allegation against him that he along with other co-accused persons, killed the deceased due to the non-fulfillment of the demand for dowry. As such, the deceased died within 7 years of marriage in her matrimonial house in an unnatural circumstance .

6. Considering the nature of accusation and materials available on the records against the petitioner, his prayer for bail is refused.

(Prabhat Kumar Singh, J) Koushik/- U T