Faudi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23915 of 2016 Arising Out of PS.Case No. -59 Year- 2014 Thana -KASIMBAZAR District- MUNGER ====================================================== Faudi Yadav, Son of Late Jago Yadav, resident of village - Chhoti Sandalpur, P.S. Kashim Bazar, District - Munger. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajit Kumar Singh, Advocate. For the Opposite Party : Mr. Surendra Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 02.01.2015 in connection with Sessions Trial No. 950 of 2014, arising out of Kashim Bazar P.S. Case No. 59 of 2014 for the offences instituted under Sections 341, 323, 307/34 of the IPC. Later on, Section 302 IPC was also added.

It is alleged by the informant (deceased) that there was illicit relation of her Gotani Baby Devi with her husband (petitioner) and on objection, she was assaulted. She was married with this petitioner eight years ago and three children were born out from her wedlock. On 06.04.2014 when she tried to stop the petitioner to talk with her Jethani, her Bhaisur Ashok Yadav and

Patna High Court Cr.Misc. No.23915 of 2016 (4) dt.30-09-2016 2/3 others came with common intention to kill her. Baby Devi poured Kerosene Oil upon her and husband put on fire by using Match stick and thereafter all the accused persons fled away from there. The neighbours assembled there and they have seen them at the time of fleeing away and they carried her to Hospital where she died in course of treatment.

A report was called for from the court below regarding the stage of the case. It has been reported that out of 05 prosecution witnesses, 04 witnesses have already been examined and only one witness is to be examined. The trial is expected to be concluded within a period of one to two months. Considering the report submitted by the court below and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected in Sessions Trial No. 950 of 2014, arising out of Kashim Bazar P.S. Case No. 59 of 2014, pending in the court of the learned 3rd Additional Sessions Judge, Munger. The court below is directed to take all necessary steps to conclude the trial preferably within a period of two months from the date of receipt/production of copy of the order.

The District Magistrate, Munger and the Superintendent of Police, Munger are also directed to ensure that the trial is concluded within the stipulated period and the witnesses are

Patna High Court Cr.Misc. No.23915 of 2016 (4) dt.30-09-2016 3/3 produced on the date fixed by the court below. Let a copy of this order be communicated to the District Magistrate, Munger and the Superintendent of Police, Munger. U.K./- (Sudhir Singh, J) U T