Ajay Singh @ Ajay N. Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74134 of 2018 Arising Out of P.S. Case No.-132 Year-2009 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Ajay Singh @ Ajay N. Yadav Son of Nand Kumar Singh, Resident of Village and P.O. and P.S.- Udwant Nagar, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Lallan Singh, Advocate For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-01-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner had earlier moved for bail which was rejected vide order dated 29.08.2017 passed in Cr.Misc.No.33777 of 2017. Petitioner is languishing in judicial custody since 14.06.2016 in connection with Sessions Trial No.114 of 2018 arising out of Udwant Nagar P.S.Case No.132 of 2009 for the offence alleged under Section 304(B) of the Indian Penal Code.

The prosecution case as lodged by the father of the victim girl Lalti Kumari is that his daughter has been killed by the petitioner, who is her husband, along with other in-laws due to non-fulfilment of demand of dowry and her dead body was

Patna High Court Cr.Misc. No.74134 of 2018(3) dt.23-01-2019 2/3 cremated without their knowledge.

It has been submitted by the learned counsel for the petitioner that he is innocent and general and omnibus allegations have been levelled against him. He further submits that the informant's daughter died a natural death in Gujrat which was duly informed to the maternal side of the deceased but they did not participate in the cremation ceremony. He further submits that although the date of occurrence is of the year 2009, charges have been framed only in the year 2018 and trial has not made much headway.

However, learned APP for the State opposes the prayer for bail stating that the dead body was also cremated without the knowledge of the family members of the deceased. In this regard, a report was called for regarding the stage of the trial from the learned Additional District & Sessions Judge-III, Bhojpur, Ara which has been sent by letter no.140 dated 05.01.2019 stating therein that three witnesses have been examined and the trial is likely to be concluded within a period of four months Considering the facts and materials on record, I am not inclined to grant the privilege of bail to the petitioner. Prayer is rejected. However, petitioner may renew his prayer for bail

Patna High Court Cr.Misc. No.74134 of 2018(3) dt.23-01-2019 3/3 after four months, if the trial is not concluded by that time. (Nilu Agrawal, J) B.Kr./- U T