Sonu Kumar Yadav @ Ashish Kumar @ Sonu Kumar @ Ashish Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61549 of 2022 Arising Out of PS. Case No.-813 Year-2020 Thana- PATRAKARNAGAR District- Patna ====================================================== SONU KUMAR YADAV @ ASHISH KUMAR @ SONU KUMAR @ ASHISH KUMAR YADAV S/o Nawal Kishore Yadav Resident of MohallaKankarbagh, Gate no.- 15, P.S.- Patrakar Nagar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Durgesh Nandan, Adv.

For the Opposite Party/s :

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-05-2023 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 Patrakar Nagar P.S. Case No. 813 of 2020, registered for the offences punishable under Sections 304 (B)/34 of the Indian Penal Code.

The marriage of the daughter of the informant was solemnized with the petitioner on 16th April, 2016. The couple were blessed with a child. As per allegation, the accused persons including the petitioner committed dowry death of the deceased. On 20.12.2020, this petitioner informed the informant that his daughter had died. When the informant went to matrimonial house of his daughter he found her dead-body hanging with ceiling fan. The learned counsel for the petitioner has submitted that the petitioner is innocent and he is under custody for 2 years

Patna High Court CR. MISC. No.61549 of 2022(5) dt.04-05-2023 2/2 and 4 months. The learned counsel has also submitted that the FIR shows itself that the petitioner himself had informed the informant about death of the deceased. As a matter of fact, the deceased has committed suicide herself and the petitioner has falsely been implicated. Learned counsel has also submitted that despite the fact that the petitioner is under custody for a period of 2 years and 4 months, not a single witness has been examined as yet, whereas charges were framed in this case on 28th March, 2022. The report received from the learned court below also shows that the summons and bailable warrants have been issued to the witnesses.

On the other hand, the learned APP, Shri J.N. Thakur has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, the bail petition of the petitioner is disposed of with the observation that if the trial is not concluded within a period of six months, the petitioner may renew his prayer for bail, if so advised.

(Nawneet Kumar Pandey, J) SONALI/- U T