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2021 DIGILAW 30 (PAT)

Birendra Kumar Yadav, Krishna Kumar Yadav @ Chhotki Yadav v. State Of Bihar

2021-01-05

AHSANUDDIN AMANULLAH

body2021
JUDGMENT Ahsanuddin Amanullah, J. - Heard Mr. Gagan Deo Yadav, learned counsel for the petitioner and Mr. Ajay Kumar No. 2, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State. 2. The petitioner is in custody in connection with Marauna PS Case No. 20 of 2020 dated 05.02.2020, instituted under Sections 304B/201/34 of the Indian Penal Code. 3. The petitioner, who is the husband of the deceased, is accused of killing her and burning the body due to nonfulfillment of demand of dowry. 4. Learned counsel for the petitioner submitted that the allegation is false and the informant's side was informed but they did not come to participate in the cremation. 5. Learned APP submitted that the deceased had committed suicide by pouring kerosene oil herself shows that the death was unnatural and it was the result of burning and still the petitioner not informing the police and also not waiting for the informant to come and participate in the last rites is a major indicator that the crime was committed by the accused and to destroy evidence the body was burnt. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on bail. 7. Accordingly, the application stands dismissed. 8. However, learned counsel for the petitioner shall e file the main application supported by affidavit in the High Court latest by tomorrow.