Bablu Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.33102 of 2017 (5) dt.21.09.2011

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33102 of 2017 Arising Out of PS.Case No. -143 Year- 2016 Thana -SIKANDARA District- JAMUI ======================================================

1. Bablu Yadav, Son of Sri Yugal Yadav, Resident of Village- Mircha, P.S. Sikandra, District- Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Prakash Mahto For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21.09.2011 The petitioner seeks regular bail in connection with Sikandara P.S. Case No. 143 of 2016, registered for offences punishable under Sections 328 and 304B/34 of Indian Penal Code. Petitioner is husband and allegation against the petitioner is of causing dowry death of the deceased.

It has been submitted on behalf of the petitioner that admittedly the marriage was solemnized eight years ago and, therefore, there is no applicability of Section 304B of Indian Penal Code and charge-sheet in this case has also been submitted under Section 306 of the Indian Penal Code. It has further been submitted that in fact the deceased committed suicide as she had some dispute with her gotani, for which she had lodged a case against her and she used to be depressed. Further petitioner has

Patna High Court Cr.Misc. No.33102 of 2017 (5) dt.21.09.2011 been in judicial custody since 04.12.2016.

Learned counsel for the State opposed the prayer for bail and submitted that some witnesses has supported the case of prosecution that petitioner and his family members has administered poison to her and viscera report also shows that poisonous substance was found.

Having heard both sides, considering the fact and circumstances of the case and nature of allegation, at this stage, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

However, the trial court is directed to expedite the trial and try to conclude it within a period of six months and if the trial is not concluded within the aforesaid period, petitioner may renew his prayer for bail in the Trial Court itself. (Vinod Kumar Sinha, J) sunil/- U T