Akhilesh Yadav @ Akhlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53877 of 2022 Arising Out of PS. Case No.-282 Year-2021 Thana- NAWADA MUFFASIL District- Nawada ====================================================== AKHILESH YADAV @ AKHLESH KUMAR SON OF BINDESHWAR YADAV @ DINESH YADAV R/O VILLAGE- TRILOKI BIGHA, P.S.- MUFFASIL, DISTRICT- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-04-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Muffasil P.S. Case No. 282 of 2021, registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

As per allegation, the marriage of the informant's sister was solemnized with the petitioner four years prior to lodging of the FIR. The accused persons demanded Rs. 2 lacs as dowry and due to non-fulfillment of dowry demand, they

Patna High Court CR. MISC. No.53877 of 2022(4) dt.05-04-2023 2/3 assaulted the victim. His sister used to complain that the matrimonial inmates were threatening to kill her. He came to know that in the night on 14.10.2021, the accused persons killed his sister by strangulating her.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case.

On the other hand, the learned APP and the learned counsel for the informant have opposed the prayer for bail and submitted that the stage of trial was called for from the court below, that has been received and annexed with the record. From perusal of the report, it appears that three witnesses have been examined as yet. The post-mortem report is available on the record and the name of the doctor, who conducted the postmortem is Dr. Niraj Kumar, posted at Hospital, Nawada. It appears that the trial is going on. In my view, the petitioner does not deserve the privileges of bail, which is hereby rejected.

The learned trial court is directed to take every endeavour to dispose of the case as soon as possible. It is expected that the trial shall be concluded within a period of six months.

Patna High Court CR. MISC. No.53877 of 2022(4) dt.05-04-2023 3/3 Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Kundan U T