Deepak Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47632 of 2018 Arising Out of PS. Case No.-81 Year-2017 Thana- KUDRA District- Bhabhua (Kaimur) ====================================================== Deepak Kumar Yadav Son of Grees Narayan Yadav resident of Village Sareya, P.S. Kudra, District Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 498(A), 306/34 of the Indian Penal Code and 3⁄4 of the D.P. Act. The prosecution case, in brief, is that on the basis of statement of deceased, FIR was lodged with allegation that she was being tortured and lastly, done to death by the accused persons for want of demand of dowry.

Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that the FIR is dying declaration of the deceased. The deceased happens to be wife of the petitioner and the onus is upon him to explain the cause of death. A report was called for from the trial court regarding the stage of the case. It has been reported that 8 prosecution witnesses including the I.O. are to be examined. The case was fixed on 01-09-

Patna High Court Cr.Misc. No.47632 of 2018(4) dt.20-02-2019 2/2 2018 for framing of charge. It has further been indicated that the trial will be concluded within nine months from the date of framing of charge.

On behalf of the State, it is submitted that the petitioner is husband of the deceased. Earlier prayer for bail of the petitioner was rejected.

Considering the nature of accusation, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Kudra P.S. Case No. 81 of 2017 is rejected.

The trial court is directed to frame charge, if not framed as yet, and conclude the trial preferably within a period of nine months from the date of receipt/production of copy of the order. The District Magistrate and the Superintendent of Police, Kaimur at Bhabua are directed to ensure that the prosecution witnesses are produced on the date fixed by the trial court. Let a copy of this order be communicated to the Superintendent of Police, Kaimur at Bhabua for needful. (Sudhir Singh, J) A.K.V.//- U T