Patna High CourtCR. MISC./16751/2016dismissed

Devendra Yadav @ Rabindra Yadav v. The State Of Bihar

2016-05-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16751 of 2016 Arising Out of PS.Case No. -197 Year- 2015 Thana -MAKHDUMPUR District- JEHANABAD ====================================================== Devendra Yadav @ Rabindra Yadav Son of Late Karu Yadav, Resident of Village - Guhi, Bigha, P.S. - Kako, District - Jehanabad. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-05-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 302/34 of the Indian Penal Code.

Allegation against the petitioner is that he assaulted both his wife and daughter, as a result of which his daughter died on way to Hospital and wife died in course of treatment. It has been submitted on behalf of the petitioner that he is in custody since 29.6.2015. He has got no criminal antecedent. Chargesheet has been submitted in the case. He is a Government employee. From perusal of the F.I.R. it is evident that for a petty reason the alleged occurrence is said to have taken place. No specific injury has been attributed against the petitioner. Taking the facts of the case into account, it is at best a case under Section 304 Indian Penal Code.

On behalf of the State, it is submitted that petitioner is named in the F.I.R. where it is mentioned that his wife and daughter both are done to death by this petitioner. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to this petitioner, same is rejected.

Patna High Court Cr.Misc. No.16751 of 2016 (3) dt.25-05-2016 2/2 Any how, the court below, i.e., Chief Judicial Magistrate, Jehanabad, is directed to take all necessary steps to conclude the trial in connection with Makhdumpur (Tehta ) P. S. Case no. 197 of 2015 within a period of one year from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) sudip/- U T