Santosh Yadav vs The State Of Bihar on 24 February, 2011

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.34979 of 2010
                     SANTOSH YADAV son of Awadhesh Yadav,
                     Resident of village-Baisa, P.S.-Parbatta(Maraiya)
                     District-Khagaria.
                                           Versus
                                THE STATE OF BIHAR
                                       -----------

3. 24.2.2011. Heard Mr. Sanjay Kumar Sinha, learned counsel for

the petitioner, Mr. Choudhary Shyam Nandan, learned counsel for

the informant and Mr. B.M.P.Sinha, learned Additional Public

Prosecutor.

The petitioner, who is in custody in connection with

Parbatta (Maraiya) P.S. Case No.147 of 2009 for the offence under

sections 304B and 201/34 of the Indian Penal Code, has prayed for

grant of bail.

Learned counsel for the petitioner submits that the

petitioner is younger brother of the husband of the so called

deceased. It was submitted that since the husband of the petitioner

has already been granted bail , the petitioner may also be extended

the same privilege. It was further submitted that during investigation

it has come that on earlier occasion also the victim had left the house

of in laws and went to her parents house. On the aforesaid ground it

has been prayed that the petitioner may be enlarged on bail.

Mr. Chaudhary, learned counsel for the informant

strongly opposed the prayer for bail of the petitioner. It was

submitted that the case of the husband of the deceased is entirely on

different footing. It was submitted that the husband of the deceased

went to Delhi to earn livelihood which has been admitted in the first
2

information report and prior to the occurrence it was alleged that this

petitioner and her mother had demanded dowry and this petitioner

had brought the deceased from her in-laws house. It was further

submitted that the marriage had taken place only in the year 2009

and within a short period of marriage the victim had been done to

death and onus lies on the accused persons to prove their innocence.

Learned Additional Public Prosecutor has also opposed the prayer

for bail of the petitioner.

In view of nature of allegation, prayer for bail of the

petitioner stands rejected.

Md.S.                                 ( Rakesh Kumar, J.)