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Patna High CourtCR. MISC./36910/2022bail rejected

Bhuvan Yadav @ Bhuwar Yadav v. The State Of Bihar

2023-01-03Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36910 of 2022 Arising Out of PS. Case No.-578 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== Bhuvan Yadav @ Bhuwar Yadav Son Of Dukhi Yadav R/O- Vill- Bahuarwa Bairathpur, Purwari Tola, P.S.-MAJHAULIA, Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.

It is a case of dowry death due to non fulfillment of dowry demand of Rs. 50,000/- It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this. Petitioner is in judicial custody since 08.12.2021. It is further submitted that the name of petitioner has

Patna High Court CR. MISC. No.36910 of 2022(3) dt.03-01-2023 2/3 sprang up in this case on the basis of suspicion. It is further submitted that petitioner is blessed with 3 children from the deceased. At the time of occurrence, the petitioner was not present, as he used to reside outside State for earning his livelihood.

Learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that the petitioner, being the husband of the deceased, is fully responsible for maintaining his wife. Witnesses have also supported the prosecution version, during investigation.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. Learned trial court is directed to expedite the trial and conclude the same within a period of six months.

However, if the trial of the petitioner is not

Patna High Court CR. MISC. No.36910 of 2022(3) dt.03-01-2023 3/3 concluded within a period of six months, he would be at liberty to renew his prayer for bail.

(Sunil Kumar Panwar, J) nirajkrs/- U T