Vinay Yadav @ Binay Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29705 of 2024 Arising Out of PS. Case No.-94 Year-2021 Thana- MANJHAGARH District- Gopalganj ====================================================== Vinay Yadav @ Binay Kumar Yadav Son of Late Raghaw Yadav Resident of Village-Dharamparsa, Ahirtoli, Police Station-Manjhagarh, DistrictGopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Choudhary, Adv.
For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-07-2024 Heard Mr. Anil Kumar Choudhary, learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail, who is in custody in connection with Majhagarh P.S. Case No. 94 of 2021 registered for the offence punishable under Section 304B/34 of the Indian Penal Code.
3. The marriage of the sister of the informant was solemnized with the petitioner on 16.02.2017. At the time of marriage, allegedly sufficient dowry was given, however, soon after the marriage, again there was a demand of dowry and on non-fulfillment of the same, the victim was tortured in various ways and later on, she was done to death. Out of the said
Patna High Court CR. MISC. No.29705 of 2024(3) dt.20-07-2024 2/3 wedlock, a female child was also born.
4. It is contended on behalf of the petitioner that from the FIR, it is evident that information of the incident was given to the informant, whereupon the informant and other family members came and they were informed that the deceased committed suicide. The petitioner himself surrendered before the court below just after ritual and shradh of the victim. It is also contended that the entire rituals were performed in the house of the petitioner and the informant and his family members were also participated. It is further contended that during the course of trial, the doctor was examined and he has also deposed that it was a case of suicide and, as such, in this circumstances, keeping the petitioner behind the bar since 03.04.2021 is not justified and penal in nature.
5. On the other hand, learned counsel for the State opposed the bail application and submitted that the trial is at the fag end; out of six charge-sheet witnesses, four have been examined and remaining two unofficial witnesses are yet to be examined.
6. The aforesaid report has been controverted by learned counsel for the petitioner and submission has been made that all the six charge-sheet witnesses have been examined way
Patna High Court CR. MISC. No.29705 of 2024(3) dt.20-07-2024 3/3 back on 15.06.2023.
7. Be that as it may, considering the fact that the trial is at the fag end, this Court is not inclined to grant bail to the petitioner.
8. It is expected that the learned Trial Court shall take all endeavours to conclude the trial, preferably within a period of three months from the date of receipt/production of a copy of this order.
9. Needless to observe that, in case, the trial is not concluded within the stipulated period, the petitioner shall have the liberty to renew his prayer for bail.
(Harish Kumar, J) rohit/- U T