Binod Yadav @ Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9073 of 2019 Arising Out of PS. Case No.-165 Year-2018 Thana- KAKO District- Jehanabad ====================================================== Binod Yadav @ Binod Kumar Son of Late Motilal Yadav @ Motilal Prasad Resident of Village - Damaspur, P.S.-Kako, District-Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra, Adv For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 328/34 of the Indian Penal Code.

Wife of this petitioner died in unnatural circumstance in her matrimonial house. Allegation is that she was poisoned to death for non-fulfilment of dowry demand. Learned counsel for the petitioner submits that informant has filed a petition before the learned court below that victim was pregnant and she developed some complication arising out of pregnancy and her death was caused due to that reason.

The aforesaid statement of the informant is not

Patna High Court CR. MISC. No.9073 of 2019(3) dt.30-04-2019 2/2 corroborated by any prescription of the Doctor before whom initial treatment was taken up and such complication would not cause immediate death. Therefore, statement of the informant does not inspire confidence at this stage. Hence, I am not inclined to enlarge the petitioner on bail in connection with Kako P.S.Case No.165 of 2018 pending in the court of learned J.M.1st Class, Jehanabad. Prayer is refused.

Learned Trial Court is directed to expedite the trial conclude the same preferable within nine months. (Birendra Kumar, J) Nitesh/- U T