Patna High CourtCR. MISC./5852/2017dismissed

Sunil Yadav v. The State Of Bihar

2017-03-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5852 of 2017 Arising Out of PS.Case No. -254 Year- 2015 Thana -KATORIA District- BANKA ====================================================== Sunil Yadav Son of Hari Marrar @ Hari Yadav Resident of VillageMania, P.S.- Katoria, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Pratap Singh Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-03-2017 Heard the parties.

This application is for grant of bail in connection with Katoria P.S.Case No.254 of 2015for the offence under Sections 304B/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that though the petitioner is husband of the deceased and in the postmortem report, no any internal or external injury was found on the person of the deceased. One witness during the course of investigation has stated that due to physical weakness of the petitioner, she has committed suicide. It is also submitted that the petitioner is in custody for about four months.

Heard learned A.P.P. also, who has opposed the prayer for bail stating that there is allegation of demand of dowry as well as

Patna High Court Cr.Misc. No.5852 of 2017 (4) dt.21-03-2017 2/2 torture and the dead-body of the deceased was found lying in the Well.

Having heard both sides and in view of submissions, as above, I am not inclined to grant bail to the petitioner at this stage, however, the petitioner is in custody, let the learned trial court is directed to expedite the trial and try to conclude it within a period of nine months and if not concluded, the petitioner is at liberty to renew his prayer for bail before the court concerned itself and the learned court below will consider the same without being prejudiced by the order of this Court, on the basis of materials available at that time, With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U