Vikash Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36596 of 2022 Arising Out of PS. Case No.-201 Year-2021 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== VIKASH KUMAR YADAV SON OF MANOJ KUMAR YADAV R/OKHURDA KARVELI, WARD NO. 10, P.S.- KUMAR KHAND, DIST.- MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Senior Advocate For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-09-2022 Heard Mr. N.K. Agarwal, learned Senior counsel for the petitioner and learned counsel for the State. Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with K. Nagar P.S. Case No. 201 of 2021 for the offences under Sections 304(B) 34 and 498 (A) 34 of the Indian Penal Code 3⁄4 of the D.P. Act.

As per the FIR, the informant has alleged that Aarti Kumari was married to the petitioner herein and they were living in Delhi. As there was demand of dowry, the daughter of the informant called him and accordingly came returned to the native place. The further allegation is that on 15.05.2021, his son-in-law came and stayed peacefully for few days but on 19.05.2021, he along with some accused persons caused the

Patna High Court CR. MISC. No.36596 of 2022(2) dt.21-09-2022 2/3 murder of his daughter with 'mungra'. At the time of her death, she was pregnant by five months. Accordingly, the FIR was lodged.

Learned Senior Counsel submits that the death happened in the petitioner's in-laws house as the petitioner is entitled for benefit of doubt inasmuch as there was no 'hulla' from the deceased when she was being assaulted. Learned APP for the State, on the other hand, submits that the petitioner being a husband cannot escape his responsibility from the death of his wife. It is his further submission that charge sheet have already been framed as per the observation of the learned Sessions Judge and 13.06.2022 was fixed for prosecution witnesses.

Considering all the aforesaid facts as also that the charge sheet has already been submitted, the trial has been initiated, this Court is not inclined to grant him privilege of bail which is accordingly rejected.

The learned Trial Court is directed to expedite the trial and conclude the same preferably within a period of one year. (Rajiv Roy, J) Jagdish/neha/- U T

Patna High Court CR. MISC. No.36596 of 2022(2) dt.21-09-2022 3/3