Patna High CourtCR. MISC./63169/2017dismissed

Ashok Yadav v. The State Of Bihar

2018-04-04Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63169 of 2017 Arising Out of PS.Case No. -8 Year- 2015 Thana -PARAIYA District- GAYA ====================================================== Ashok Yadav, Son of Harihar Yadav, Resident of village- Bhatbigha, P.S.- Paraiya, District- Gaya.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sudhir Kumar Sinha, Advocate. For the Opposite Party : Mr. Chaubey Jawahar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 08.01.2016 in a case registered for the offence under Sections 304(B) and 201/34 of the I.P.C.

The prosecution case, in brief, is that the petitioner alongwith his family members killed the victim due to nonfulfilment of demand of dowry. Earlier bail application of the petitioner was rejected vide order dated 02.09.2016 passed in Cr. Misc. No. 29031 of 2016 taking into account that the petitioner is the husband of the deceased and onus is upon him to explain the cause of death of the deceased.

Patna High Court Cr.Misc. No.63169 of 2017 (3) dt.04-04-2018 2/2 This is third attempt for bail on behalf of the petitioner. A report was called for from the court below regarding the stage of the present case. It has been reported that the statement under Section 313 Cr. P.C. has already been recorded and the trial is expected to be concluded within a period of 11⁄2 months.

Considering the aforesaid facts and circumstances and stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Sessions Trial No. 205 of 2016/420 of 2016/58 of 2017, arising out of Paraiya P.S. Case No. 08 of 2015, pending in the court of learned A.D.J.-IV, Gaya. U.K./- (Sudhir Singh, J) U T