Sushil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11267 of 2018 Arising Out of PS.Case No. -178 Year- 2017 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Sushil Yadav, S/o Shubh Narain Rai, Resident of Vill.- Siswa, P.S.- Raxaul, Dist.- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 16-05-2018 Heard learned Counsel for the petitioner and the State as also the learned Counsel appearing on behalf of the informant. Petitioner, already in custody since 13.6.2017, seeks bail in Raxaul PS Case No. 178 of 2017 registered under Sections 304B/34 of the IPC.
The allegation in brief is that the petitioner's wife was killed within a year of the marriage for alleged demand of dowry. Learned Counsel for the petitioner submits that though the petitioner is husband but earlier there was no complaint regarding making demand of dowry, the lady was not happy with the marriage and so she committed suicide, no mark of violence was found on the dead body and the petitioner is in custody approximately for last one year.
Whereas learned Counsel for the informant submits that within a year of the marriage the lady was done to death and the cause of death is asphyxia due to smothering which is always homicidal.
Having considered the nature of offence the court is not
Patna High Court Cr.Misc. No.11267 of 2018 (5) dt.16-05-2018 persuaded to grant bail to the petitioner at present. The prayer for bail is rejected.
However, the trial court is directed to expedite the trial and preferably conclude the same within a period of nine months and if the trial does not conclude within the said period the petitioner may renew his prayer for bail.
(Arun Kumar, J) Snkumar/- U T