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Patna High CourtCR. MISC./4432/2024rejected

Ajay Yadav v. The State Of Bihar

2024-03-21Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4432 of 2024 Arising Out of PS. Case No.-64 Year-2022 Thana- JAIPUR District- Banka ====================================================== Ajay Yadav Son Of Gulcha Yadav Resident Of Village - Govinddih, P.S. - Jaipur, District - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Nurul Hoda For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Jaipur P.S. Case. No. 64 of 2022 instituted for the offence under Sections 341, 323, 307, 302, 426 and 34 of the Indian Penal. Later on, charge sheet has been submitted under Sections 304B and 34 of the Indian Penal Code. Allegation against the petitioner along with his family members is that they killed the informant's daughter after pouring kerosene oil on her body while she was cooking food in the kitchen.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case

Patna High Court CR. MISC. No.4432 of 2024(3) dt.21-03-2024 2/3 only because he happens to be the husband of the deceased. There is no prior complain in respect of assault, dowry demand and torture. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 14.11.2022.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that petitioner is named in FIR and there is allegation against this petitioner to commit murder of his wife by pouring kerosene oil on the deceased in connivance with his family members. Postmortem report shows that cause of death of the deceased is due to burn injuries. During investigation, witnesses supported the prosecution case and petitioner being the husband of the deceased had full responsibility to keep his wife with full honour and dignity which he did not do so. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite the trial and conclude the same within a period of six months without fail,

Patna High Court CR. MISC. No.4432 of 2024(3) dt.21-03-2024 3/3 failing which, the petitioner will be at liberty to renew his prayer for bail.

(Sunil Kumar Panwar, J) Shubham/- U T