Patna High CourtCR. MISC./2098/2018rejected

Devendra Yadav v. The State Of Bihar

2018-03-14Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2098 of 2018 Arising Out of PS.Case No. -163 Year- 2014 Thana -LADANIA District- MADHUBANI ======================================================

1. Devendra Yadav Son of Ramautar Yadav Resident of VillageDharamban, P.S. Ladania, District-Madhubani (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-03-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Ladania P.S. Case No.163 of 2014, a case under Section 302/34 of the Indian Penal Code, pending in the Court of learned Additional Chief Judicial Magistrate-IV (S.B.), Madhubani. The petitioner is in custody since 04.08.2017. Allegation against the petitioner is that he throttled his wife to death in her parents' house.

Though there is no eyewitness of the actual occurrence. However, it is evident from the FIR and material in the case-diary that the petitioner left his wife on the alleged night of occurrence and in the very early morning dead body of wife

Patna High Court Cr.Misc. No.2098 of 2018 (4) dt.14-03-2018 P2/ was noticed. The doctor has found a case of strangulation. Considering the nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail is refused. The learned trial Court is directed to expedite the trial and conclude the same within nine months without allowing any unnecessary and long adjournment to any of the parties, failing which the petitioner would be at liberty to renew the prayer for bail before the learned trial judge itself, who shall pass a reasoned order.

(Birendra Kumar, J) Mkr./- U T