Deep Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8459 of 2019 Arising Out of PS. Case No.-140 Year-2017 Thana- PRATAPGANJ District- Supaul ====================================================== Deep Narayan Yadav Son of Kulanand Banrait, resident of Village- Situhar, ward No. 2, P.S.- Pratapganj, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Chandra For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 304B and 120B of the Indian Penal Code.

Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.12.2017 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case and the trial has already proceeded. Four prosecution witnesses have already been

Patna High Court CR. MISC. No.8459 of 2019(3) dt.08-04-2019 2/2 examined. The petitioner has falsely been implicated in the present case. There is no substantive evidence to suggest his implication in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The petitioner is husband of the deceased and, as such, the onus is on him to explain the cause of death.

Considering the nature of allegation, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial within a period of nine months preferably on day to day basis from the date of receipt/production of a copy of this order. The District Magistrate, Supaul and the Superintendent of Police, Supaul are also directed to take necessary steps to produce the remaining witnesses on the date fixed in the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District Magistrate, Supaul and the Superintendent of Police, Supaul. (Sudhir Singh, J) Pankaj/- U T