Ramadhin Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4928 of 2017 Arising Out of PS.Case No. -234 Year- 2015 Thana -CHAINPUR District- BHABHUA (KAIMUR) ====================================================== Ramadhin Yadav, son of Late Khedan Yadav, Resident of Village- Birna, P.S.- Chainpur, District- Kaimur (Bhabua).
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vinod Kumar Seth For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 06-12-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner, being the father of the husband of the informant-victim, has renewed the prayer for bail in a case registered for the offences punishable under Sections 341, 323, 307, 498A, 285, 504, 304B of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
The prosecution case got initiated on the basis of fard-beyan of Mamta Devi to the effect that the accused persons including the petitioner came and started abusing the informant. It is specifically alleged that all the accused persons caught hold of the informant. The husband of the informant poured kerosene oil, when this petitioner being the father of the husband set her on fire,
Patna High Court Cr.Misc. No.4928 of 2017 (3) dt.06-12-2017 2/3 as a result, she received burn injuries and subsequently succumbed to the injuries.
It is submitted by learned counsel for the petitioner that the victim caught accidental fire and the petitioner was not present in the house. Subsequently the victim was taken to hospital at the behest of the petitioner and other family members, but maliciously the petitioner has been roped in the present case. Considering the gravity of accusation, this Court vide order dated 20.06.2016 passed in Cr. Misc. No. 22721 of 2016 rejected the prayer for bail of the petitioner. The report of the learned I/C. Additional Sessions Judge-VI, Kaimur at Bhabua dated 24.11.2017 reflects that all four charge-sheeted witnesses have already been examined, but the two I.Os. and the doctor, whose name does not appear in the charge-sheet, have not been examined. The report further stipulates that the trial will be concluded within three months.
Considering the stage of the trial and the time frame for concluding the same transmitted by the learned trial Court coupled with the gravity of accusation, this Court is not inclined to revise earlier order. However, it is expected from the learned trial Court to conclude the trial of Sessions Trial No.
Patna High Court Cr.Misc. No.4928 of 2017 (3) dt.06-12-2017 3/3 301/102 of 2016 arising out of Chainpur P.S. Case No. 234 of 2015 within the time frame transmitted to this Court, keeping in view the fact that the petitioner is languishing in custody since 12.02.2016.
Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T