Patna High CourtCR. MISC./36200/2019dismissed

Yogesh Singh v. The State Of Bihar

2019-07-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36200 of 2019 Arising Out of PS. Case No.-69 Year-2018 Thana- BADHAILA District- Rohtas ====================================================== Yogesh Singh Son of Arun Singh Resident of Village- Rotwan, Police StationBaghaila, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-07-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered under Sections 304B,120B of the Indian Penal Code. The prosecution case, in brief, is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 03-12-2018. Charge sheet in this case has already been submitted. The petitioner has been falsely implicated in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the implication of the petitioner in the

Patna High Court CR. MISC. No.36200 of 2019(3) dt.09-07-2019 2/2 present case. It has further been submitted that the case has already been committed to the court of Sessions. On behalf of the State, it is submitted that the petitioner is named in the FIR. The petitioner is husband of the deceased. The onus is on the petitioner to explain the cause of death of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Badhaila P.S. Case No. 69 of 2018 corresponding to Sessions Trial No. 65 of 2019 is rejected.

Learned trial court is directed to take necessary steps to conclude the trial of the petitioner, preferably, within a period of nine months from the date of receipt/production of copy of the order.

(Sudhir Singh, J) A.K.V.//- U T