Yamuna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30720 of 2019 Arising Out of PS. Case No.-63 Year-2018 Thana- KUTUMBA District- Aurangabad ====================================================== YAMUNA YADAV Son of Keshav Yadav Resident of Village - Sankarpur, P.S.- Kutumba, Dist.- Auranganbad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-06-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Kutumba P.S. Case No. 63/2018, instituted for offences under Sections 447, 341, 323, 325, 307, 379, 504 and 506 of the Indian Penal Code. Earlier prayer for bail of the petitioner was rejected by this Court by order dated 10.10.2018 passed in Cr. Misc. No. 51264/2018 with observation to renew the prayer for bail after six months if no substantial progress is made in trial. In the written report there is specific allegation against this petitioner that he assaulted the mother of informant on head with lathi causing serious injury, on account of which she became unconscious and fell down. He assaulted even thereafter continuously causing injury on her face and other parts of the body. Thereafter father of informant came to save his wife, this petitioner also assaulted him with lathi causing injury on his head on account of

Patna High Court CR. MISC. No.30720 of 2019(3) dt.19-06-2019 2/2 which blood started oozing out from his ear and he also sustained fracture injury.

It is mentioned in the earlier order dated 10.10.2018 passed in Cr. Misc. No. 51264/2018 that injury report of father and mother of informant shows that both of them have sustained injuries on their head.

Report from the court below regarding present stage of trial has been received, from which it appears that after commitment case was transferred to the trial court on 04.04.2019. As such, there is no any laches on the part of trial court in not concluding the trial. Commitment of case has been made on 04.04.2019.

In view of such, this Court is not inclined to grant bail to petitioner. Accordingly, prayer for bail of petitioner is rejected. The trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt of copy of this order by giving short adjournment and send compliance report.

(Sanjay Priya, J) rakhi/- U T