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Patna High CourtCR. MISC./71862/2023bail rejected

Sajan Yadav v. The State Of Bihar

2024-03-05Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71862 of 2023 Arising Out of PS. Case No.-550 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== SAJAN YADAV SON OF LATE RUDAL YADAV R/O VILLAGEATHANIA, P.S.- PIRPAINTY, DIST.- BHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Davendra Kumar Pandey, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP Ms. Parmatma Singh, Advocate Mr. Ashok Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-03-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Kotwali (Barari) P.S. Case no. 550 of 2023, registered under sections 304B, 120B and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that her daughter had married the petitioner after a love affair. The informant received a telephone call about her daughter's death. She states that she is convinced that she was tortured to death by the petitioner and others.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of being the husband. The terms between the petitioner and the

Patna High Court CR. MISC. No.71862 of 2023(4) dt.05-03-2024 2/3 informant were not cordial for the reason of the love affair between the petitioner and his wife. It is for some other reason that the deceased committed suicide which would be evident from reading of the post-mortem report wherein no ante-mortem external injury has been found. The petitioner is in custody since 18.6.2023 and charge has been framed in the learned trial Court. He undertakes to cooperate in the trial.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that as per the FSL report received in this Court, the result of the FSL examination is that Celphos was found in the body of the deceased. The petitioner happens to be the husband of the deceased. The informant undertakes to produce the witnesses at the earliest and to cooperate in the trial.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR together with the contents of the FSL report and charge having been framed in the learned trial Court, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Learned trial Court is directed to expedite the trial

Patna High Court CR. MISC. No.71862 of 2023(4) dt.05-03-2024 3/3 and to conclude the same within a period of six months. (Partha Sarthy, J) Shiv/- U T