Saurav Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11051 of 2023 Arising Out of PS. Case No.-18 Year-2022 Thana- JAYRAMPUR District- Sheikhpura ====================================================== SAURAV YADAV S/o Rajo Yadav R/o Village- Kashibigha, P.S.- Jairampur, Distt- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar For the Opposite Party/s :

Mr. Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-07-2023 Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

The petitioner has prayed for bail in connection with Jairampur P.S. Case No. 18 of 2022 instituted for the offence under Sections 304(B), 120(B)/34 of the Indian Penal Code. As per allegation in the FIR, the informant alleged that marriage of her daughter was solemnized with this petitioner two years ago but after that the petitioner along with co-accused persons used to assault or torture due to nonfulfillment of dowry demand. On 18.3.2022 the informant came to know that his daughter has been killed by the accused persons thereafter, this case has been lodged.

Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. It is further

Patna High Court CR. MISC. No.11051 of 2023(4) dt.07-07-2023 2/3 submitted that there is no complaint regarding torture or demand of dowry prior to the alleged occurrence. The petitioner is husband of the deceased due to which he has falsely been implicated in this case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 28.4.2022.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted from perusal of postmortem report that several injuries found on the head part of the deceased and cause of death is opined due to Asphyxia as a result of throttling.

In pursuance to the direction of this Court, a report with regard to the present stage of trial has been received. The report of learned District & Sessions Judge, Sheikhpura dated 22.6.2023 suggests that trial shall be concluded within a period of three months.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Patna High Court CR. MISC. No.11051 of 2023(4) dt.07-07-2023 3/3 The trial Court is directed to expedite the trial and conclude the same within stipulated period of time (three months).

(Sunil Kumar Panwar, J) Amandeep/- U T