Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.40381 of 2020 Arising Out of PS. Case No.-52 Year-2019 Thana- KUTUMBA District- Aurangabad ====================================================== Anil Yadav Son of Ram Bilas Yadav Resident of Village - Mirpur, P.S.- Kutumba, District - Aurangabad ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar,Advocate For the Opposite Party/s :

Mr.Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-07-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Raj Kishore Singh, learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with S. Tr. No. 421/2019/201/2019 arising out of Kutumba P.S. Case No. 52 of 2019 registered for the offences punishable under Section 302 and 506 of the Indian Penal Code. As per the prosecution story, on 7.4.2019 at about 10 a.m. the informant received an information by his bhagina (son of the deceased) that his sister was killed by his brother-in-law (the husband of the deceased) in the night by inflicting knife, danda and rope.

Patna High Court CR. MISC. No.40381 of 2020(6) dt.23-07-2021 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. It is submitted that in course of investigation no independent witness has supported the prosecution version. On the other hand, learned APP for the State submits that apart from the seizure list showing recovery of knife, rope and pieces of brick on the spot, the two sons of the accused petitioner and his mother have fully supported the prosecution case. This petitioner has murdered his wife with sharp cutting knife causing multiple injuries over the different parts of the body.

Considering the facts and circumstances of the case, the seriousness of the allegation in which the petitioner has allegedly murdered his wife and brutally assaulted her by knife and bricks, the materials in form of the statement of two sons and mother of the petitioner supporting the prosecution version, this Court is not inclined to release the petitioner on bail. The prayer for regular bail of the petitioner is, thus, refused.

Let the trial be expedited.

Learned counsel for the petitioner submits that the petitioner is in custody in connection with the present case for

Patna High Court CR. MISC. No.40381 of 2020(6) dt.23-07-2021 3/3 more than two years. Therefore, the trial court must proceed with the trial with some urgency and conclude it at the earliest. This Court having noticed the above submissions directs the learned trial court to proceed with the trial as early as possible and all endeavors be made to conclude the trial preferably within a period of one year from the date of normal start of functioning of the court. The prosecution must cooperate by producing all the witnesses from the date fixed in the matter. Learned trial court shall keep the dates on a shorter interval.

The application stands disposed of.

(Rajeev Ranjan Prasad, J) SONALI/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.