Patna High CourtCR. MISC./4761/2024rejected

Sunil Yadav v. The State Of Bihar

2024-04-26Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4761 of 2024 Arising Out of PS. Case No.-533 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Sunil Yadav SON OF SHYAM BIHARI YADAV@ LAL BIHARI YADAV RESIDENT OF MOHALLA- RAMPUR BIJLI COLONY, BHABHUA WARD NO-1, P.S.- BHABHUA , DISTT- KAIMUR (BHABHUA) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mirityunjay Kumar, Advocate For the Informant : Mr. Pawan Kumar Singh, Advocate For the State :

Mrs. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-04-2024 Heard Mr. Mirityunjay Kumar, learned counsel for the petitioner, Mr. Pawan Kumar Singh, learned counsel appearing on behalf of the Informant and Mrs. Suman Kumari Singh, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 15.06.2023, in connection with Bhabhua P.S. Case No. 533 of 2023, F.I.R. dated 14.06.2023 registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

3. Allegation against the petitioner is of causing death of the victim for non-fullfilment of demand of dowry .

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case merely on the ground that the

Patna High Court CR. MISC. No.4761 of 2024(4) dt.26-04-2024 2/2 petitioner is husband of the deceased. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R..

5. Learned counsel for the Informant as well as learned APP for the State, on the other hand, have vehemently opposed the prayer for bail of the petitioner and submits that as per allegation in the F.I.R. the case of the prosecution was fully supported by the medical evidence (postmortem).

6. Considering the aforesaid facts that there is direct allegation against the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Bhabhua P.S. Case No. 533 of 2023 pending in the Court of learned Additional Sessions Judge, Kaimur at Bhabhua.

7. Prayer is refused.

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