Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4279 of 2017 Arising Out of PS.Case No. -66 Year- 2013 Thana -NABINAGAR District- AURANGABAD ====================================================== Ashok Yadav Son of Ramchandra Yadav, Resident of Village-Amadih, P.S.-Nabinagar, District-Aurangabad .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 302 and 201/34 of the Indian Penal Code and Section 3/4 of D.P. Act.

Allegation against the petitioner is that he along with other family members has killed the daughter and grand daughter of the informant due to non-fulfillment of the demand of dowry.

Earlier the bail application of the petitioner was rejected vide Annexure-1to the present application with a direction to the court below to conclude the trial preferably within a period of one year from the date of receipt/production of copy

Patna High Court Cr.Misc. No.4279 of 2017 (3) dt.22-03-2017 2/3 of the order. This is second attempt for grant of bail on behalf of the petitioner.

A report was called for from the trial court regarding stage of the case. It has been reported that out of 14 prosecution witnesses, 09 prosecution witnesses have already been examined and the trial is expected to be concluded within a period of three months.

Considering the aforesaid facts and circumstances and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected in S.T. No. 343 of 2014 (G.R. No. 1128 of 2013), arising out of Nabinagar P.S. Case No. 66 of 2013, pending in the court of learned Additional District and Sessions Judge-III, Aurangabad.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of three months from the date of receipt/production of copy of this order. The District Magistrate, Aurangabad and the Superintendent of Police, Aurangabad are directed to ensure that the remaining prosecution witnesses are produced in the court on the date fixed by the court below, so that the trial could be concluded within the stipulated period, as indicated by the court below.

Patna High Court Cr.Misc. No.4279 of 2017 (3) dt.22-03-2017 3/3 Let a copy of this order be communicated to the District Magistrate, Aurangabad and the Superintendent of Police, Aurangabad.

(Sudhir Singh, J) Amit/- U T