Pintoo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17338 of 2019 Arising Out of PS. Case No.-143 Year-2018 Thana- CHANDAUTI District- Gaya ====================================================== PINTOO YADAV Son of Baliram Yadav Resident of Village - Sonbarsha, P.S.- Paraiya, Distt - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 498A, 304(B), 201/34 of the Indian Penal Code in which charge sheet has been submitted under Sections 302, 201, 120(B) of the Indian Penal Code.

The prosecution case, in brief, is that the victim was tortured and was done to death by the accused persons due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 07-08-2018. The petitioner has falsely been implicated in the present case. There is no other

Patna High Court CR. MISC. No.17338 of 2019(3) dt.24-04-2019 2/2 substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. The petitioner is husband of the deceased. The onus is upon him to explain the cause of death of the deceased. As per postmortem report, there are external injuries on the part of the deceased.

Considering the facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Chandauti P.S. Case No. 143 of 2018 is rejected.

The trial court is directed to take all necessary steps to expedite the trial and conclude the same preferably within a period of one year from the date of receipt/production of copy of this order.

(Sudhir Singh, J) A.K.V.//- U T