Harendra Yadav @ Harendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31349 of 2020 Arising Out of PS. Case No.-8 Year-2016 Thana- BHORE District- Gopalganj ============================================== HARENDRA YADAV @ HARENDRA CHOUDHARY Son of Late Lahru Yadav Resident of Village - Bharpatiya, P.S. - Bhorey, District - Gopalganj.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Kumar Rajiv Mr.Binay Kumar Singh For the Opposite Party/s :

Mr. APP ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-01-2021 Heard Mr. Kumar Rajiv, learned counsel for the petitioner and learned APP for the State.

The petitioner, who is in custody since 22.01.2020 seeks bail in connection Sessions Trial No. 135/2020 arising out of Bhorey P.S. Case No. 8 of 2016 instituted for the offences under Sections 302 and 201 of the Indian Penal Code.

It is alleged in the First Information Report that the deceased was being tortured by the petitioner, who is the

Patna High Court CR. MISC. No.31349 of 2020(3) dt.12-01-2021 2/3 husband of the deceased and later she was killed and her dead body was surreptitiously cremated.

Learned counsel for the petitioner has submitted that the petitioner comes from a poor family and because of his stringent financial condition, he could not provide medical assistance to his wife, who died because of illness. After coming to know about the actual state of affairs, the informant, who is brother of the deceased does not wish to prosecute the petitioner any further and such statement was made by him before the court below.

The petitioner is in custody since 22.01.2020. From the impugned order, it appears that charges were likely to be framed at the time when the prayer for bail was rejected.

Considering the nature of accusation against the petitioner, I am not inclined to grant bail to him for the present.

The prayer for bail is rejected.

However, if there is no substantial progress in the trial within the next six months, the petitioner would be at

Patna High Court CR. MISC. No.31349 of 2020(3) dt.12-01-2021 3/3 liberty to approach the Trial Court for grant of bail and in that event, the Trial Court would be required to state the reasons for tardy progress of trial.

(Ashutosh Kumar, J) sunilkumar/- U T