Upendra Yadav @ Upendra Kr. Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48579 of 2021 Arising Out of PS. Case No.-347 Year-2017 Thana- BANKA District- Banka ====================================================== UPENDRA YADAV @ UPENDRA KR. YADAV Son of Sukhdeo Yadav Resident of Village - Okhariya, P.S.- Banka, District - Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee For the Opposite Party/s :
Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.
The petitioner seeks bail in Banka P.S. Case No. 347 of 2017 registered under Sections 302, 201/34 of the Indian Penal Code.
Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that being husband of the deceased, the onus is upon the petitioner to explain cause of death of his wife (deceased). A report was called for from the trial court. It has been reported that out of 10 prosecution witnesses, seven prosecution
Patna High Court CR. MISC. No.48579 of 2021(3) dt.15-12-2021 2/2 witnesses have already been examined. The trial is likely to be concluded within a period of four months.
Considering the nature of accusation and stage of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected. Learned trial court is directed to take necessary steps to conclude the trial preferably, within a period of four months from the date of receipt/production of copy of the order. The District Magistrate and the Superintendent of Police, Banka are directed to ensure the production of witnesses on the date fixed by the trial court so that the trial could be concluded within the stipulated period.
Let a copy of this order be communicated to the District Magistrate and the Superintendent of Police, Banka for needful.
(Sudhir Singh, J) A.K.V.//- U T