Brijnandan Mahto @ Brijnandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36078 of 2016 Arising Out of PS.Case No. -3 Year- 2015 Thana -PARASI District- JEHANABAD ======================================================

1. BRIJNANDAN MAHTO @ BRIJNANDAN YADAV Son of Ramjatan Mahto resident of village - Danka Bigha, P.S. Parasi, District - Arwal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Pd. Singh, Advocate For the Opposite Party/s : Mr. Panchanan Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-09-2016 Heard learned counsel for the petitioner and the State.

Petitioner being the husband of the sister of the informant is languishing in custody since 01.03.2016 in a case registered for the offences punishable under Sections 302, 201, 498A, 120B/34 of the Indian Penal Code.

The prosecution case is that the sister of the informant Sabita Devi, who was married with the petitioner ten years prior to the lodging of the case. It is alleged that petitioner used to demand motorcycle and gold chain and in case of non-fulfillment of the same life threat was given by the petitioner. On 01.10.2015 the informant came to know that her sister went traceless, thereafter informant started searching her and found her dead body

Patna High Court Cr.Misc. No.36078 of 2016 (3) dt.28-09-2016 on 11.01.2015 at 8.00 A.M. in a Well, hence it was alleged that the accused persons including the petitioner killed the victim.

It is submitted by the learned counsel for the petitioner that post-mortem report does not reflect any injury on the victim. Admittedly the death took place after 10 years of marriage and there is no eye witness to the occurrence.

Learned A.P.P. after going through the case diary submits that the victim went traceless, but the petitioner being the husband of the victim did not make any effort to search her and ultimately her dead body was found in a Well by the informant being the brother of the victim. Considering the rival submission of the parties, though the investigation has already concluded, but keeping in view of thrust of accusation against the petitioner, this Court is not inclined to grant bail to the petitioner at present in connection with Parasi P.S. Case No. 03 of 2015, pending in the court of learned Chief Judicial Magistrate, Arwal.

Let, the trial be expedited.

(Dinesh Kumar Singh, J) P.K./- U T