Rakesh Kumar Yadav @ Rakesh Kumar @ Rakesh Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.33901 of 2017 (3) dt.08-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33901 of 2017 Arising Out of PS.Case No. -155 Year- 2016 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. RAKESH KUMAR YADAV @ RAKESH KUMAR @ RAKESH YADAV Son of Shambhu Rai, R/o Village- Bariyarpur, P.S.- Chatauni, District- East Champaran, Motihari.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Srivastava For the Opposite Party/s : Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2017 The petitioner seeks regular bail in connection with Piprakothi P.S. Case No. 155 of 2016, registered for offences punishable under Sections 304B/34 and 120B of Indian Penal Code.

Petitioner is husband and allegation against him is of causing dowry death of the deceased.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and has voluntarily surrendered in the court below and since then he is in judicial custody. Further at the time of alleged occurrence he was not in the village. It has also been submitted that a petition has also been filed by the informant in the court of Chief Judicial Magistrate that

Patna High Court Cr.Misc. No.33901 of 2017 (3) dt.08-08-2017 he has mistakenly filed the present case against the petitioner on suspicion.

Learned counsel for the State opposed the prayer for bail. Having heard both sides, considering the fact and circumstances of the case , at present, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

However, the trial court is directed to expedite the trial and try to conclude it within a period of nine months and once the informant and his family members are examined, petitioner may renew his prayer for bail in the trial court itself, which will be considered by the trial court on the materials available on record and shall pass an appropriate order, without being prejudiced by the order of this Court.

With the above observation, this application is disposed of. (Vinod Kumar Sinha, J) sunil/- U T