Binay Kumar @Binay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15892 of 2018 Arising Out of PS.Case No. -87 Year- 2016 Thana -FATEHPUR District- GAYA ======================================================
1. Binay Yadav @ Binay Kumar Son of Chando Yadav Resident of Village- Dangra, P.S. Fatehpur, District- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is in custody in connection with Fatehpur P.S. Case No.87 of 2016, a case under Section 304B/201/34 of the Indian Penal Code, pending in the Court of Additional Sessions Judge-II, Gaya.
Petitioner is husband of the victim of dowry death. Allegation is of demand of dowry and torture for non-fulfillment of the same soon before her death. Other witnesses have also supported the allegation of demand of dowry and torture before the police. Petitioner is in custody since 28.11.2017. Considering the nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail.
Patna High Court Cr.Misc. No.15892 of 2018 (3) dt.08-05-2018 P2/ Hence, the prayer for bail is refused. The learned trial Court is directed to expedite the trial and conclude the same within nine months, failing which the petitioner would be at liberty to renew the prayer for bail before the trial judge itself, who shall pass a reasoned order.
(Birendra Kumar, J) Mkr./- U T