Gorelal Prasad Yadav @ Gorelal Pd. Yadav @ Gorelal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31377 of 2022 Arising Out of PS. Case No.-505 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== Gorelal Prasad Yadav @ Gorelal Pd. Yadav @ Gorelal Kumar, S/o Suresh Yadav, Resident of Village-Satgir, P.S.-Rajauli, District-Nawada. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Manisha Prakash For the Opposite Party/s :
Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-02-2023 Heard Ld. counsel for the petitioner and Ld. APP for the State.
The petitioner seeks bail in connection with Rajauli P.S. Case No.505 of 2021, registered for the offence punishable under Section 304(B) of the Indian Penal Code. The prosecution case as emerges from the FIR is that the marriage of the informant's daughter, namely, Sushma Kumari was solemnized with one Gorelal Prasad Yadav, according to Hindu rites and customs about five years ago. After some time, the husband and his family members started torturing her for non-fulflment of illegal demand of dowry, and ultimately, they killed her.
Ld. counsel for the petitioner submits that the
Patna High Court CR. MISC. No.31377 of 2022(5) dt.23-02-2023 2/3 petitioner is innocent and has falsely been implicated in this case. He further submits the victim herself committed suicide by consuming poison. In fact, after coming to know that she has consumed poison, the petitioner took her to hospital where she died during the course of treatment. He also submits that investigation in this case is complete and charge-sheet has already been submitted. However, charge has not been framed yet.
He further submits that the petitioner has been languishing in jail since 25.03.2022.
It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedent. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.
However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail submitting that as per admission of the petitioner himself, she has committed suicide within seven years of marriage, though, examination report of viscera is still awaited.
Patna High Court CR. MISC. No.31377 of 2022(5) dt.23-02-2023 3/3 Considering the aforesaid facts and circumstances, I am not persuaded to enlarge the petitioner on bail. The petition is rejected accordingly.
However, Ld. Trial Court is directed to expedite the Trial and in case the Trial is not concluded within one year, the petitioner will have liberty to renew his prayer for bail. Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J) chandan/- U T