Tinku Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21574 of 2019 Arising Out of PS. Case No.-50 Year-2018 Thana- ATRI District- Gaya ====================================================== TINKU YADAV, aged about 26 years, Male, Son of Maheshwari Yadav, Resident of Village-Soiya par, P.S-Atri, District-Gaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Kiran Sinha, Advocate.

For the Opposite Party :

Mr.Anand Kishore Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-06-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 06.03.2018 in a case for the offence registered under Sections 304(B) and 201/34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no substantive evidence to suggest the

Patna High Court CR. MISC. No.21574 of 2019(3) dt.19-06-2019 2/2 implication of the petitioner in the present case. The petitioner is the husband of the deceased.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is on him to explain the cause of death of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Sessions Trial No. 94 of 2018/ 369 of 2018, arising out of Atri P.S. Case No. 50 of 2018, pending in the court of learned 8th Additional District and Sessions Judge, Gaya.

It is further submitted that the charge has been framed in November, 2018 but no prosecution witness has been examined till date.

The court below is directed to take all necessary steps to conclude the trial preferably within a period of eight months from the date of receipt/production of copy of this order. (Sudhir Singh, J) U.K./- U T