Patna High CourtCR. MISC./61475/2023rejected

Laxman Yadav v. The State Of Bihar

2024-02-19Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61475 of 2023 Arising Out of PS. Case No.-63 Year-2023 Thana- RAUTA District- Purnia ====================================================== LAXMAN YADAV S/O SHIV LAL YADAV VILLGE MANGALPUR PSRAUTA DISTRICT PURNEA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection Rauta P.S. Case No. 63 of 2023 registered for the offence under Sections 304(B) / 34 of IPC.

3. As per the prosecution case, the allegation against the petitioner is that he has caused death of his wife Pinki Devi. Dead body of Pinki Devi was recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent committed no offence and has falsely been implicated in this case due to ulterior motive. He is in custody since 06.05.2023.

Patna High Court CR. MISC. No.61475 of 2023(6) dt.19-02-2024 2/2

5. However, learned APP for the State strongly opposed the prayer for regular bail.

6. Having heard learned counsel for the parties, perused the FIR, bail petition and impugned order dated 05.08.2023 passed by learned Sessions Judge, Purnea, it appears that petitioner is husband the allegation is that he has caused death of his wife Pinki Devi and the dead body of Pinki Devi was recovered from the house of the petitioner. Cause of death as mentioned in the impugned order is due to Asphyxia as a result of hanging and deceased is only 20 years old lady. In these circumstances, I am not inclined to grant bail to the petitioner.

7. Accordingly, this petition stands rejected.

8. However, the trial court is directed to conclude the trial within a period of six months from the date of receipt of this order. If the trial is not concluded within the aforesaid period of six months, the petitioner shall be liberty to renew his prayer for bail.

(Ramesh Chand Malviya, J) saurabhkr/- U T