Virendra Yadav @ Birendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13445 of 2015 Arising Out of PS.Case No. -48 Year- 2013 Thana -GOH District- AURANGABAD ======================================================

1. Virendra Yadav @ Birendra Yadav S/o Suresh Yadav resident of villageBhawanipur, P.S- Goh, District-Aurangabad,. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Satyendra Narayan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-09-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be husband of the deceased who died within seven years of her marriage in other than normal circumstance. There is accusation against the petitioner that he used to torture the deceased on account of non fulfillment of illegal demand of dowry. Moreover, the brother of the deceased had gone to the house of the petitioner much prior to the alleged occurrence and brother of the deceased, who claimed to be an eye witness, stated that the deceased was assaulted by the petitioner in his presence.

Learned counsel appearing for the petitioner submits that in course of investigation, several witnesses claimed that

Patna High Court Cr.Misc. No.13445 of 2015 (5) dt.08-09-2015 2/2 deceased confessed before them that she herself had consumed Sulphas.

Regard being had to the facts and circumstances of the case as well as submissions of the parties, I am not inclined to grant privilege of bail to the petitioner, at least, at this stage. Accordingly, his prayer for bail in connection with Goh P.S.Case No. 48 of 2013, pending in the court of Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad stands rejected. However, Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad is directed to commit the case of the petitioner to the court of sessions within two weeks from the date of receipt/ production of copy of this order, if the same has not been committed as yet and after commitment of the case, the sessions court must expedite the trial of the petitioner and try to conclude the same as early as possible.

It is made clear that if the trial of the petitioner is not concluded within seven months from the date of framing of the charge, petitioner may renew his prayer for bail before the trial court itself.

(Hemant Kumar Srivastava, J) Namita/- U T