Jai Ram Yadav @ Jay Ram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31644 of 2016 Arising Out of PS.Case No. -176 Year- 2015 Thana -ROSHANGAANJ District- GAYA ====================================================== Jai Ram Yadav @ Jay Ram Kumar, Son of Late Khiru Yadav, resident of village - Megnadih, P.S. Rashanganj, Distt. - Gaya .... .... Petitioner

Versus

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

For the Petitioner : Mr. S. Jamil Akhtar, Advocate For the Opposite Party : Mr. Sri Amit Kumar Rakesh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-09-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Roushanganj P.S Case No. 176 of 2015 registered for the offences punishable under Sections 302/201/34 of the Indian Penal Code. Allegedly, Satiya Devi @ Muniya Devi was married to the petitioner 20 years ago and out of wedlock there are three sons, but the petitioner used to torture and assault her and he was demanding Rs. 50,000/- form his wife otherwise to kill her and ultimately, she was killed and her dead body was also burnt without informing any one.

Submission is of false implication and that there is no legal and tangible material against the petitioner and no eye-

Patna High Court Cr.Misc. No.31644 of 2016 (3) dt.19-09-2016 2/2 witness has seen the petitioner to commit the crime, he is suffering in custody since 08.10.2015 and, as such, the petitioner deserves sympathetic consideration.

Learned A.P.P opposes the prayer of bail by submitting that the son of the petitioner Bishal Kuamr has stated that petitioner used to assault his mother and villagers told him that father killed her mother thereafter, he burnt the dead body. In the facts and circumstances stated above, considering that against the petitioner there is allegation for assaulting and killing the deceased and also to burn the dead body without informing anyone and as such at present, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected, in connection with Roushanganj P.S Case No. 176 of 2015 pending in the Court of A.C.J.M., Serghati, District - Gaya.

However, considering the detention of the petitioner the learned A.C.J.M/Magistrate is directed to commit the case at once, so that the trial be expedited and concluded preferably within nine months.

(Jitendra Mohan Sharma, J.) Rajiv/- U T