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Patna High CourtCR. MISC./53473/2018dismissed

Ajay Yadav v. The State Of Bihar

2018-10-01Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53473 of 2018 Arising Out of PS.Case No. -37 Year- 2018 Thana -BABUBARHI District- MADHUBANI ======================================================

1. Ajay Yadav S/o Lakshman Yadav, R/o Vill.- Rahikpur, P.S.- Babubarhi, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Babubarhi P.S. Case No. 37 of 2018 instituted for the offence under Sections 304(B) and 201/34 of the Indian Penal Code.

It is alleged in the written report that informant learnt from one Gangia Devi, Jethani of the victim (since deceased), that victim was pregnant of 5-6 months. After her pregnancy test, female child was found in her womb. She has further stated that petitioner and other accused persons were giving pressure to the deceased to abort her pregnancy, but she did not become ready for it. Thereafter, she has been murdered.

Post mortem report is available in the case diary wherein the Doctor has not given any definite opinion about

Patna High Court Cr.Misc. No.53473 of 2018 (3) dt.01-10-2018 2/2 cause of death of the deceased. Various visceras have been preserved. The death of deceased took place in her sasural in unnatural condition.

Petitioner is husband of deceased.

Therefore, this Court is not inclined to grant bail to the petitioner.

Prayer for bail of the petitioner stands rejected. Petitioner is given liberty to renew his prayer for bail after six months if no substantive progress is made in the trial. The Trial Court is directed to expedite the trial. (Sanjay Priya, J) S.Ali/- U T