Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20972 of 2015 Arising Out of PS.Case No. -66 Year- 2013 Thana -NAWINAGAR District- AURANGABAD ====================================================== Ashok Yadav. Son of Ramchandra Yadav. Resident of village - Amadih (Amadiha), Police Station - Nabinagar, District - Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. M.K.Khare(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-11-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 302, 201 and 34 of the Indian Penal Code. Allegation against the petitioner is of killing daughter and grand-daughter of the informant for non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that he is in custody since 28.11.2014. Chargesheet has been submitted in the present case. There is no allegation of tampering of evidence against the petitioner. From perusal of paras-11, 12 and 13 of the case diary it is apparent that the deceased on her own had jumped into the well and subsequently she died. At best it is a case for offence under Section 306 of the Indian Penal Code. No offence under Section 304B of the Indian Penal Code is made out. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. and is husband of the deceased. From perusal of paras-5, 6,7,8,9 and 10 of the case diary it would appear that the

Patna High Court Cr.Misc. No.20972 of 2015 (3) dt.03-11-2015 2 / 2 deceased was done to death by the petitioner and others. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner, same is rejected. Any how, the trial court (learned Addl. Sessions JudgeIII, Aurangabad) is directed to take all necessary steps to expedite the trial in connection with Nabinagar P. S. Case no. 66 of 2013 and conclude the same preferably within a period of one year from the date of receipt/production of a copy of this order. (Sudhir Singh, J) sudip/- U T