Mohan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5245 of 2015 Arising Out of PS.Case No. -52 Year- 2014 Thana -ATRI District- GAYA ======================================================
1. Mohan Yadav Son of Late Ramdhani Yadav Resident of Village - Koyariyachak, P.S- Atri District - Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-04-2015 Heard both sides.
The petitioner seeks bail in Atri P.S.Case No. 52 of 2014 registered under Sections 302 and other sections of the IPC. The informant named Mohan Yadav, Nand Yadav @ Nanhku Yadav, Sintu Yadav, Parmila Devi, Shanti Devi and alleged that they all armed with Khanti and Lathis, assaulted his father, mother, brother and sister. Father Rameshwar Yadav, and mother Kaushalya Devi died on account of the injuries on their bodies.
It is submitted that no specific allegation of assault is made against the petitioner and similarly situated co-accused Shanti Devi has already been enlarged on bail There appears that the petitioner and others indiscriminately assaulted the father, mother, brother and sister of the informant and they were brutally injured and during the course of treatment, father and mother of the informant died. Accused Shanti Devi is a lady and her case is quite different. Considering the facts and nature of allegation, I am not
Patna High Court Cr.Misc. No.5245 of 2015 (4) dt.29-04-2015 2/2 inclined to enlarge the petitioner on bail and accordingly, the same is rejected.
The trial court is directed to expedite the trial and conclude the same within a period of one year from the date of receipt or production of a copy of this order. If the trial is not concluded within the stipulated period, the petitioner may renew his prayer for bail (Prabhat Kumar Jha, J) ahk/- U T