Patna High CourtCR. MISC./33654/2015dismissed

Tulsi Yadav v. The State Of Bihar

2015-12-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33654 of 2015 Arising Out of PS.Case No. -13 Year- 2015 Thana -KARENDE District- SEKHPURA ====================================================== Tulsi Yadav S/o Late Sheetal Yadav R/o Uksi, P.S. Karandey & District Sheikhpura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Smt.Pushpa Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 302/34 of the Indian Penal Code.

Allegation against the petitioner is that he assaulted on the head of the victim lady, wife of the informant, as she protested for putting dung on her wall. During the course of treatment, the victim died.

It has been submitted on behalf of the petitioner that he has got no criminal antecedent. He is in custody since 30.5.2015. Chargesheet has been submitted in the present case. There is no allegation of tampering of evidence against the petitioner. Informant is not the eye witness to the alleged occurrence. He is only a hearsay witness. Petitioner has falsely been implicated in the present case. It is at best a case under Section 304 of the Indian Penal Code On behalf of the State, it is submitted that there is specific allegation of assault against the petitioner, due to which

Patna High Court Cr.Misc. No.33654 of 2015 (4) dt.21-12-2015 2 / 2 the deceased is said to have died.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner, same is rejected. Any how, the court below is directed to expedite the trial in connection with Karandey P. S. Case no. 13 of 2015 and conclude the same preferably within a period of one year from the date of receipt/production of a copy of this order. (Sudhir Singh, J) sudip/- U T