Santosh Singh Yadav @ Santosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6401 of 2015 Arising Out of PS.Case No. -156 Year- 2012 Thana -NASRIGANJ District- SASARAM (ROHTAS) ====================================================== Santosh Singh Yadav @ Santosh Singh Son of Arjun Singh Yadav Resident of village - Baligaon, P.S. Rajpur, District - Rohtas at Sasaram .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Prasad Singh For the Opposite Party/s : Mr. Anil Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 15-04-2015 Heard the learned counsel for the petitioner. The petitioner seeks bail in connection with Nasriganj (Rajpur) P.S. Case No. 156 of 2012 for the offence punishable under Section 304 (B) of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

It appears that the petitioner has earlier approached this Court three times for grant of bail but prayer for bail of the petitioner was dismissed. It also appears from the earlier order that the petitioner had moved this Court for quashing of the F.I.R. as well as the order taking cognizance but the same has also been dismissed. This Court while rejecting the prayer for bail however has directed the learned court below to expedite the trial. The learned counsel for the petitioner has submitted

Patna High Court Cr.Misc. No.6401 of 2015 (3) dt.15-04-2015 that the case against the petitioner is not made out in view of another F.I.R. lodged by the maternal uncle of the deceased wherein it has been mentioned that the deceased lady had committed suicide. The learned counsel for the petitioner has also submitted that the prosecution witnesses including the family members of the deceased lady as well as the informant have not turned up in the trial. It has further been submitted that the petitioner is languishing in jail for nearly 20 months. After considering the facts and circumstances, this Court finds that the petitioner's bail application has earlier been rejected with observations for expeditious trial. It was taken into notice that the petitioner's prayer for quashing of the F.I.R.

and the order taking cognizance had also been declined by this Court. In the facts and circumstances, this Court is not inclined to take a different view. The prayer for bail of the petitioner is therefore rejected in connection with S. Tr. No. 602/13 arising out of Nasariganj (Rajpur) P.S. Case No. 156 of 2012 pending before the court of the Additional District and Sessions Judge-II, Rohtas at Sasaram.

Devendra/- (V. Nath, J) U T