Laxman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68878 of 2024 Arising Out of PS. Case No.-63 Year-2023 Thana- RAUTA District- Purnia ====================================================== Laxman Yadav Son of Shiv Lal Yadav R/o Village- Mangalpur, P.S.- Rauta, District- Purnia ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Md Ejaz Akhtar, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. Earlier the prayer for regular bail of the petitioner has been rejected by this Court vide order dated 19.02.2024 in Cr. Misc No. 61475 of 2023 with an observation that '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'.

3. Petitioner is in custody in a case registered for an offence punishable under Sections 304(B), 34 of the Indian Penal Code .

4. As per the allegation in the FIR, it is a case of

Patna High Court CR. MISC. No.68878 of 2024(3) dt.28-02-2025 2/3 dowry death to the deceased, namely, Rinki Devi due to nonfulfillment of dowry demand by the petitioner and his family members.

5. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in this case. He further submits that petitioner has got clean antecedent as stated in para-3 of the bail petition. Petitioner is in custody since 06.05.2023. He also submits that the deceased died due to self-hanging.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. On perusal of the FIR, impugned order dated 05.08.2023 as also the earlier order dated 19.02.2024 passed in Cr. Misc. No. 61475 of 2023, it appears that the Trial Court was directed to conclude the trial within a period of six months and if the trial will not concluded within the aforesaid period of six months, the petitioner was at liberty to renew his prayer for bail, but the trial is not concluded and petitioner has got clean antecedent and he is in custody since more than one year as also the fact that the deceased died due to self-hanging as stated by learned counsel for the petitioner, so I am inclined to grant bail to the petitioner, let the above named petitioner be released on

Patna High Court CR. MISC. No.68878 of 2024(3) dt.28-02-2025 3/3 bail, on his furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, IXth, Purnea in connection with Sessions Trial No.415 of 2024 of Rauta P.S. Case No. 63 of 2023, with condition that petitioner shall appear before the trial Court on each and every date till conclusion of the trial.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T