Samundar Yadav @ Samundra Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.2117 of 2016 (7) dt.02-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2117 of 2016 Arising Out of PS.Case No. -76 Year- 2015 Thana -ALIPUR District- GAYA ====================================================== SAMUNDAR YADAV @ SAMUNDRA YADAV, son of Sri Deoraj Yadav, resident of village-Khutwar, P.S. Alipur, District-Gaya. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pravin Kumar, Advocate For the Opposite Party : Mr. Suman Kri.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is in custody in connection with Alipur P.S.Case No.76 of 2015 pending in the Court of CJM, Gaya, registered for an offence under Sections 302 and 201/34 of the IPC.

Learned counsel for the petitioner submits that the petitioner is in custody since 26.08.2015. Chargesheet has been submitted in the case. Petitioner has falsely been implicated in the present case. There is no eye witness to the alleged occurrence. Except for suspicion, there is no other material to suggest his implication in the present case.

On behalf of the State, it is submitted that the petitioner is named in the FIR. The motive alleged is the illicit relationship

Patna High Court Cr.Misc. No.2117 of 2016 (7) dt.02-08-2016 between the petitioner and the wife of the deceased. In course of occurrence, the weapon used is Fasuli and garasa which have been recovered from the possession of the accused persons. The injuries found on the body of the deceased are incised wound. Considering the fact that there is main allegation against this petitioner, I am not inclined to grant bail to the petitioner, the same is rejected.

Anyhow, the trial Court is directed to take all necessary steps to conclude the trial preferably within a period of one year from the date of receipt/production of a copy of this order. (Sudhir Singh, J) B.Kr./- U T