Jayprakash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24760 of 2015 Arising Out of PS.Case No. -597 Year- 2014 Thana -BIHTA District- PATNA ====================================================== Jayprakash Yadav son of Kameshwar Yadav resident of Village Ghoratap P.S. Bihta District Patna.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Usha Kumari Singh For the Opposite Party/s : Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-08-2015 The petitioner is languishing in custody since 2.11.2014 in connection with Bihta P.S. Case No.597 of 2014 for the offences instituted under Sections 304B, 201/34 of the I.P.C. Heard learned counsel for the petitioner and learned counsel for the State.
The prosecution story, in brief, is that there is allegation against the petitioner including all the accused persons of demanding dowry from the daughter of the informant and committing her murder on account of non-fulfillment of the same. It has been submitted on behalf of the petitioner that the petitioner is in custody since 2.11.2014and the charge sheet has been submitted in the present case. He has got no criminal antecedent. He is said to have bee implicated in the present case
Patna High Court Cr.Misc. No.24760 of 2015 (3) dt.12-08-2015 2/2 due to mistake of fact. On the alleged date of occurrence it was eight years of marriage, hence, no offence under Section 304(B) of I.P.C. is made out.
On behalf of the State it has been submitted that the petitioner is named in the F.I.R. who happens to be the husband of the deceased.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner at this stage and the same is rejected.
Any how the trial court is directed to take all steps to conclude the trial within a period of eight months from the date of receipt/production of a copy of this order on day to day basis. (Sudhir Singh, J) AnilKrSinha/- U T