Babloo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34490 of 2021 Arising Out of PS. Case No.-185 Year-2018 Thana- MANSI District- Khagaria ====================================================== BABLOO YADAV Son of Late Janardan Yadav Resident of Village - Saidpur, P.S.- Mansi, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-12-2021 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner seeks bail in Mansi P.S. Case No. 185 of 2018 registered under Sections 302/201, 363 and 34 of the Indian Penal Code.

Earlier prayer for bail of the petitioner was rejected taking into account that the petitioner happened to be husband of the deceased and the onus was upon him to explain the cause of death of the deceased.

A report was called for from the trial court. It has been reported that out of 11 prosecution witnesses, two prosecution witnesses have already been examined and the

Patna High Court CR. MISC. No.34490 of 2021(3) dt.01-12-2021 2/2 trial is likely to be concluded within a period of nine months. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected. Learned trial court is directed to take all necessary steps to conclude the trial of the petitioner preferably within a period of nine months from the date of receipt/production of copy of this order.

The District Magistrate and the Superintendent of Police, Khagaria are directed to ensure the production of witnesses on the date fixed by the trial court so that the trial could be concluded within the stipulated period of nine months. Let a copy of this order be communicated to the District Magistrate and the Superintendent of Police, Khagaria for needful.

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