Anil Yadav @ Bhaglu Yadav @ Jhalu Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.25429 of 2015 (3) dt.08-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25429 of 2015 Arising Out of PS.Case No. -43 Year- 2014 Thana -HASANPUR District- SAMASTIPUR ======================================================

1. Anil Yadav @ Bhaglu Yadav @ Jhalu Yadav Resident of villageHatwan , P.S. - Hasanpur, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Ramesh Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-10-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Hasanpur P.S. Case No. 43 of 2014 registered for the offences punishable under Sections 302, 201, 428/34 of the Indian Penal Code. Allegedly, the niece of the informant married with the petitioner in the year 2000 was administered poisonous substance forcibly by her in-laws due to non-fulfillment of demand of money for the purpose of marriage of her daughter, which caused her death and the dead body was found lying in the field of maize and sugarcane.

Submission is of false implication and that when the wife of the petitioner went to fetch water from hand pump, she

Patna High Court Cr.Misc. No.25429 of 2015 (3) dt.08-10-2015 was hurt by the handle of the hand pump but due to election she was not brought for treatment resulting she succumbed to the injuries and for that the informant was also informed but he lodged this false case.

Learned APP duly assisted by learned counsel representing the informant opposes the prayer of bail by submitting that in post mortem report the cause of death is his respiratory failure caused by fracture of survical vertebra produced by forceful blow by hard blunt substance and further several other injuries have also been found on the person of the deceased and further son of the deceased has supported the allegation vide paragraph 27 of the case diary.

In the facts and circumstances stated above, considering the position of the petitioner that he is the husband of the deceased and further considering the allegation attributed against him, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected. However, the trial court is directed to expedite the trial and conclude the same as early as possible, preferably, within six months.

(Jitendra Mohan Sharma, J) avin/- U T