Ajay Singh @ Ajay N. Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33777 of 2017 Arising Out of PS.Case No. -132 Year- 2009 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Ajay Singh @ Ajay N. Yadav Son of Nand Kumar Singh @ Tengari Singh Resident of Village;- Udawant Nagar, P.S. Udwant Nagar, DistrictBhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 14.06.2016 in connection with Udawant Nagar P.S. Case No. 132 of 2009 for offences punishable under Sections 304 (B) of the Indian Penal Code.

The prosecution case, as lodged by the father of the victim girl Lalti Kumari by way of Complaint Case No. 1104 (c) of 2009 later on registered under Section 156 (3) of the Cr.P.C. as P.S. Case, is that the informant's daughter has been killed by the petitioner and in laws for non-fulfillment of demand of motorcycle and gold chain and the dead body has been cremated without the

knowledge of the informant.

It has been submitted by the learned counsel for the petitioner that he is innocent and being the husband of the deceased Lalti Devi has been made accused. He submits that there is no specific allegation against the petitioner and that she died natural death in Gujrat and the family members of the deceased was duly informed about her death but they did not came in the cremation ceremony. He submits that charge-sheet has been submitted the matter is pending for trial and the petitioner undertakes to cooperate in the trial.

However, learned APP for the State opposes the prayer for bail stating therein that the informant's daughter was killed by the petitioner and his family members, dead body cremated and there is no post mortem report and that the petitioner has destroyed the evidence.

Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with Udwant Nagar P.S. Case No. 132 of 2009 pending in the court of learned Chief Judicial Magistrate, Bhojpur at Ara.

The application is, accordingly, rejected. However,

the learned court below is directed to expedite and conclude the trial within one year.

(Nilu Agrawal, J) Devendra/- U T