Sulendra Yadav @ Sulendra Kumar @ Surendra Yadav @ Surendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 14663 of 2021 ====================================================== Sulendra Yadav @ Sulendra Kumar @ Surendra Yadav @ Surendra Kumar (M) aged about 24 years, son of Ram Balak Yadav, resident of village-Purana Salempur, P.S.-Surajgarha (Manikpur), District-Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Parmanand Pd. Nr. Shahi, Adv.
For the State :
Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-07-2021 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel for the petitioner and the learned A.P.P. for the State, Sri Ashok Kumar.
The present petition is by way of second
2/3 attempt at the behest of the petitioner for grant of regular bail, inasmuch as his earlier prayer for grant of bail in connection with Sessions Trial No. 02/2019 arising out of Surajgarha (Manikpur) P.S. Case No. 29/17 (G.R. No. 154/2017) under Sections 304B/120B/34 of the Indian Penal Code had stood rejected by an order dated 17.08.2019, passed by this Court in Criminal Miscellaneous No. 33606 of 2019.
The petitioner is alleged to have killed the deceased victim lady on account of want of dowry. The learned counsel for the petitioner has submitted that the petitioner is behind bars since more than three years and there is no progress in the trial, hence, the petitioner herein be granted the privilege of bail.
The learned APP for the State, Sri Ashok Kumar, has vehemently opposed the prayer for bail and has submitted that since the prayer of the petitioner for grant of bail has already stood
3/3 rejected earlier and there is no change in circumstance, the prayer of the petitioner for grant of bail should not be entertained.
I have heard the learned counsel for the parties and gone through the materials on record from which it is apparent that the petitioner is the main accused inasmuch as he is the husband of the deceased victim lady, who has been alleged to have murdered his wife and moreover, there is no change in circumstance so as to warrant reconsideration of the prayer of the petitioner for grant of regular bail, thus, the present petition stands dismissed.
Ajay/- (Mohit Kumar Shah, J) U T