Patna High CourtCR. MISC./21969/2015dismissed

Upendra Yadav @ Upend Yadav v. The State Of Bihar

2015-09-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21969 of 2015 Arising Out of PS.Case No. -155 Year- 2014 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ====================================================== UPENDRA YADAV @ UPEND YADAV, Son of Mahesh Yadav. Resident of Village - Sakraul, P.S.- Deep Nagar, District - Nalanda. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Thakur and Mr. Nilesh Kumar, Advocates.

For the Opposite Party/s : Mrs. Indu Bala Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-09-2015 Heard both sides The petitioner seeks bail in a case under Sections 304-B, 201 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The petitioner is the husband and his wife died within three years of her marriage leaving behind a child aged 8 months. The informant alleged that the petitioner killed his wife due to non-fulfillment of additional demand of dowry. The dead body was cremated hurriedly. Sri Ajay Kumar Thakur, learned counsel for the petitioner, submits that there is absolutely no such evidence in the case diary. The investigating officer has taken the statements of the informant and his family members and has submitted the chargesheet.

Patna High Court Cr.Misc. No.21969 of 2015 (3) dt.11-09-2015 2/2 Taking into consideration the facts that the petitioner is the husband and his wife died within three years of her marriage and even her dead body was cremated hurriedly, I am not inclined to enlarge the petitioner on bail in Deepnagar P.S. Case No. 155 of 2014. Accordingly, the same is rejected.

The trial court is directed to expedite the trial holding the same on day-to-day basis and conclude the same within nine months from the date of receipt / production of a copy of this order.

(Prabhat Kumar Jha, J) Dilip/- U T