Chandan Yadav @ Kundan Kumar Yadav @ Kundan Kr. Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79044 of 2019 Arising Out of PS. Case No.-107 Year-2019 Thana- BHARGAMA District- Araria ====================================================== Chandan Yadav @ Kundan Kumar Yadav @ Kundan Kr. Yadav, Male, aged about 22 years, Son of Devanand Yadav @ Debu Yadav, Resident of Village Raghunathpur Goth (Uttar), P.S.- Bhargama, District- Araria ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Prasad Singh For the Opposite Party/s :
Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-06-2020 Heard Mr. Anil Prasad Singh, the learned counsel appearing on behalf of the petitioner and Mr. Bhanu Pratap Singh, the learned Additional P.P. on the bail petition through video conferencing.
Petitioner seeks bail in Bhargama P.S. Case No.107 of 2019, registered under Sections 304(B) and 34 of the Indian Penal Code.
The father of the deceased disclosed in his written petition that he got his daughter married a month ago with the petitioner but the petitioner started pressurizing the daughter of the informant to demand Rs.1,00,000/- from her parents. When the daughter of the informant refused to place the demand before her father, the petitioner is alleged to have subjected her
Patna High Court CR. MISC. No.79044 of 2019(5) dt.09-06-2020 2/3 to all sorts of physical and mental torture and poisoned her to death within one month of his marriage with the deceased. Mr. Anil Prasad Singh, the learned counsel for the petitioner submits that the petitioner is innocent. Entire allegation is false and concocted. The petitioner never demanded any dowry nor ever subjected his wife to any sorts of torture. The petitioner was always affectionate to his wife. In act the petitioner had gone outside of his house for treatment of his father. The wife of the petitioner was taking bath in her courtyard. Bhushan Yadav and Pawan Yadav took her photographs from mobile and they started black mailing her. They also tried to establish physical relation but the wife of the petitioner did not succumb to any pressure.
On continuous threat shown by Bhushan Yadav and Pawan Yadav, the wife of the petitioner consumed poison and died and, therefore, the petitioner deserves bail, but it appears from perusal of the FIR and the case diary that the deceased, wife of the petitioner, died within a month from her marriage with the petitioner. The father and other family members of the deceased made specific allegation that the petitioner subjected her to all sorts of torture and the petitioner poisoned his wife to death.
Patna High Court CR. MISC. No.79044 of 2019(5) dt.09-06-2020 3/3 allegation that the petitioner poisoned his wife to death within one month of his marriage with the deceased, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected.
The trial court is directed to expedite the trial and conclude the same preferably within one year from the date of receipt of this order.
If the trial is not concluded within one year, the petitioner may renew his prayer for bail.
(Prabhat Kumar Jha, J) S.KUMAR/- U T