High Court Patna High Court - Orders

Godil Yadav vs State Of Bihar on 21 January, 2011

Patna High Court – Orders
Godil Yadav vs State Of Bihar on 21 January, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr. Misc. No.24084 of 2010
                           GODIL YADAV, son of Congress Yadav
                                            Versus
                                     STATE OF BIHAR
                                          -----------

6/ 21.01.2011 Heard learned counsel for the parties.

The petitioner, who is husband of the deceased Tanika

Devi, is an accused in a case under Section 304 (B) of the Indian

Penal Code

The informant stated in the First Information Report

that on receipt of information, he went to his daughter’s Sasural

where he found his daughter in an unconscious stage. All of them

including the petitioner took the victim to Referal Hospital,

Bounsi. The doctor at Bounsi referred the patient (victim) to

Bhagalpur, where she died during the course of treatment. The

informant learnt that accused persons used to assault her for non-

fulfillment of demand of Motorcycle. The informant believes that

the accused persons have killed his daughter by administering

poison.

Counsel for the petitioner submits that it would appear

from the prosecution case that the girl had not earlier complained

about either demand of dowry or torture. He further submits that it

would appear from the First Information Report that the informant

learnt about the alleged torture and demand of dowry after her

death. He further submits that charge-sheet has been submitted

under Section 306 of the Indian Penal Code. He further submits

that the Viscera report, as called for by the Court, has been
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received. The petitioner is in custody since 04.03.2010.

Counsel for the State submits that the Viscera report

shows the presence of poisonous element in the body of the

deceased.

Having regard to the facts and circumstances of the

case, I am not inclined to grant bail to the petitioner for the

present. His prayer for bail is rejected. However, he may renew his

prayer for bail after ten months from today.

(Samarendra Pratap Singh, J.)
Uday/