Ajay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17357 of 2023 Arising Out of PS. Case No.-41 Year-2022 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== AJAY YADAV S/O- SHYAM BIHARI YADAV Village- Babhani Kala PsAdhaura Dist- Kaimur(Bhabhua) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Choubey For the Opposite Party/s :
Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in connection with Sessions Trial No. 577 of 2021 arising out of Adhaura P.S. Case No. 41 of 2022 instituted for the offence under Sections 498A,304(B), 302 of the Indian Penal Code.
As per allegation in the FIR, sister of the informant was married with the petitioner five years ago and their relations was not running well. Informant is brother of the deceased and as per allegation in the FIR, he alleged that petitioner had beaten his sister brutally as a result of which she received multiple injuries on her face, head and ultimately she succumbed to the injuries.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.17357 of 2023(3) dt.17-07-2023 2/2 has submitted that petitioner is husband of the deceased and has been falsely implicated in this case. The alleged occurrence took place at a spur of moment. He has no intention to kill his wife. There is no prior complain or information regarding torture or harassment against him. Petitioner is languishing in judicial custody since 22.08.2022.
Learned APP appearing for the State has opposed the prayer of Bail and submitted that during investigation, several witnesses have supported the prosecution story. As per postmortem report, there are multiple injuries on the body of the deceased, which are grievous and fatal wound caused by hard blunt and heavy object. Doctor opined cause of death due to excessive hemorrhage and shock.
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.
The trial court is directed to expedite and conclude the trial.
(Sunil Kumar Panwar, J) sushma/- U