Shyam Sunder Yadav @ Shyam Sundar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40956 of 2022 Arising Out of PS. Case No.-99 Year-2022 Thana- BAHADURPUR District- Darbhanga ====================================================== Shyam Sunder Yadav @ Shyam Sundar Yadav Son Of Sri Moti Lal Yadav @ Motilal Yadav @ Moti Yadav, Resident Of Village- Basatpur, P.S.- Bahadurpur (pator Op), Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No.13, Advocate Mr. Rohit Kumar, Advocate For the Opposite Party/s :

Mrs. Sharda Kumari, Addl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-12-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bahadurpur (Pator O.P.) P.S. Case No. 99 of 2022 lodged under Sections 302, 201 and 120(B) of the I.P.C.

As per prosecution case, the marriage of sister of the informant was solemnized with the petitioner in the year 2012. There was an allegation of demand of motorcycle as dowry which was admittedly given by the informant 5 year ago. It has also come in the F.I.R. that thereafter his sister blessed with the petitioner 2 sons and one daughter and subsequently the

Patna High Court CR. MISC. No.40956 of 2022(3) dt.07-12-2022 2/3 informant's sister joined the service in MGNREGA Department and thereafter the dispute started for money which the sister was earning. Informant further states that due to the torture of petitioner, his sister started living with the informant but on 04.03.2022 her husband has called for Pooja and subsequently on 15.03.2022 at 4.00 am it has been informed that death has been caused at the night on 14.03.2022.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that from the content of the F.I.R. it transpires that the deceased and the petitioner was leading a very happy conjugal life and it is due to this reason they blessed with 3 kids. Counsel further submits that antecedent of the petitioner is clean, he is in custody since 16.03.2022 and charge sheet has already been filed in this case.

Upon specific query that whether charge has been framed in this case or not, learned counsel submits that as per his knowledge charge has not been framed.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to

Patna High Court CR. MISC. No.40956 of 2022(3) dt.07-12-2022 3/3 the petitioner, therefore, his bail application is hereby rejected. Trial Court is directed expedite the trial within 9 months, if it shall not be completed within 9 months from today, the petitioner shall be at liberty to move again for bail. With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) ravishankar/- U T