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Patna High CourtCR. MISC./22355/2015dismissed

Dharmendra Yadav v. The State Of Bihar

2015-09-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22355 of 2015 Arising Out of PS.Case No. -132 Year- 2014 Thana -PARASBIGHA District- JEHANABAD ====================================================== Dharmendra Yadav Son of Late Lakhan Yadav Resident of village - Amain Mathiya, P.S. Parasbigha, District - Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Jitendra Kr. Singh No.1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-09-2015 Heard both sides The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code.

The informant alleged that his daughter was married with the petitioner in the year 2004 but his daughter called him on 01.11.2014 at 7:00 hours in the morning and stated that she was gong to commit suicide as she had been subjected to torture by the petitioner and others. On such information, when the informant went there, he saw the dead body of his daughter in a paddy field. It is submitted that the wife of the petitioner committed suicide but when the informant and others came, the petitioner left his wife and fled away. The police, after investigation, submitted chargesheet under Section 306 of the Indian Penal Code. It appears that the dead body was found in the paddy

Patna High Court Cr.Misc. No.22355 of 2015 (3) dt.11-09-2015 2/2 field and froth was coming out of the mouth of the deceased. The post-mortem was held but the doctor has not given a definite finding about the cause of death of the deceased. Viscera were kept reserved and the report is still awaited. The petitioner is the husband and there is specific allegation that he was continuously torturing his wife and the dead body of the deceased was found in the paddy field.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on bail in Parasbigha P.S. Case No. 132 of 2014, G.R. No. 2811/2014. Accordingly, the same is rejected.

The trial court is directed to expedite the trial holding the same on day-to-day basis and conclude the same within nine months from the date of receipt / production of a copy of this order. If the trial is not concluded within the aforesaid stipulated period, the petitioner may renew his prayer for bail. (Prabhat Kumar Jha, J) Dilip/- U T