Sohan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29184 of 2024 Arising Out of PS. Case No.-263 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Sohan Yadav Son of Bansi Yadav Resident of village- Sarathuan, P.S.- Udawantnagar, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-09-2024

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner seeks regular bail in connection with Udwantnagar P.S. Case No. 263 of 2022 dated 18.06.2022 registered for the offence(s) punishable under Section(s) 302, 201 read with Section 34 of the Indian Penal Code.

3. Mr. Shiv Prasad Gupta, learned counsel for the petitioner submits that the petitioner has been languishing in jail since 19.06.2022 and his trial is at initial stage and two coaccused persons namely, Nathuni Yadav and Manoj Yadav have already been granted bail by this court and co-ordinate bench

Patna High Court CR. MISC. No.29184 of 2024(5) dt.20-09-2024 2/3 of this court vide orders dated 01.08.2023 and 14.09.2023 passed in Cr. Misc. No. 47637 of 2023 and Cr. Misc. No. 58378 of 2023 respectively. It is further submitted that the informant has compromised with this petitioner and in this regard Annexure - 3 is relevant, in fact, the petitioner's wife died of heart attack and thereafter her dead body was cremated in the presence of informant and others.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the seriousness of the allegation which relates to murder of the victim who happened to be the wife of the petitioner and allegedly this petitioner not only killed his wife but also burned her dead body and as per the investigating officer from the place where the petitioner burned the dead body, a gallon and ashes of the burned body were found, in my view, it is not a fit case for bail to the petitioner at this stage. Accordingly, his prayer stands rejected.

6. Considering the petitioner's custody period the trial court is directed to expedite the trial of the petitioner and make all endevours to conclude his trial in the next one year. Petitioner may renew his bail prayer after the said period, if his trial is not concluded in the above-mentioned period.

Patna High Court CR. MISC. No.29184 of 2024(5) dt.20-09-2024 3/3

7. Petitioner may also renew his bail prayer after the examination of the material prosecution witnesses. (Shailendra Singh, J) Rajiv/- U