Upendra Prasad Yadav @ Upendra Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.42882 of 2016 (3) dt.13-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42882 of 2016 Arising Out of PS.Case No. -361 Year- 2014 Thana -FATEHPUR District- GAYA ======================================================

1. UPENDRA PRASAD YADAV @ UPENDRA YADAV S/o Uma Shankar Prasad Yadav R/o Village- Sandeshwar , P.S.- Fatehpur, District Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code.

Petitioner is husband of the deceased. Allegation is of demand of dowry and torture for the same soon before death. Petitioner is in custody since 13.07.2015. It is submitted that though the case has been committed to the court of sessions but charge has not been framed as yet.

Considering the nature of allegation against the petitioner, I am not inclined to enlarge him on bail at this stage in connection with Fatehpur Police Station Case No 361 of 2014 pending in the court of learned Judicial Magistrate-1st Class, Gaya.

Patna High Court Cr.Misc. No.42882 of 2016 (3) dt.13-12-2016 However, the petitioner may renew his prayer for bail, if the trial is not concluded within a period of nine months from the date of receipt of a copy of this order. Hence, prayer for bail is refused. (Birendra Kumar, J) kundan/- U T