Ram Balak Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39327 of 2018 Arising Out of PS.Case No. -33 Year- 2016 Thana -BELCHHI District- PATNA ====================================================== RAM BALAK YADAV S/o Mani Gope @ Mani Yadav, R/o Vill.- Mogalchak, P.S.- Belchhi, District- Patna.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-09-2018 Petitioner is granted permission to make correction in para 8 of his application as viscera report has been received from the Forensic Science Laboratory. Hence, the words 'but till date no report' is permitted to be deleted. Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 17.07.2017 in connection with Belchhi P.S. Case No. 33 of 2016 giving rise to Sessions Trial No. 176 of 2018 for offences punishable under Sections 304-B/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his daughter Poonam Kumari was married to the petitioner two years back and all the family members including the
Patna High Court Cr.Misc. No.39327 of 2018 (4) dt.06-09-2018 2/3 petitioner tortured her for demand of dowry on which several times his daughter was sent to the parental house and on 18.07.2016 he was informed that his daughter has been killed by the in-laws and on arrival he found the dead body in the room.
It has been submitted by the learned counsel for the petitioner that he is innocent and just because he is the husband, he has been made accused in the present case. He submits that no demand of dowry was made and the petitioner has been falsely implicated. He undertakes to co-operate in the trial on day to day basis.
However, learned APP for the State vehemently opposes the prayer for bail and points out to the impugned order wherein the viscera report preserved and the report of F.S.L. is there which shows that ENDOSULFAN which is a poison was found in the viscera of the deceased.
Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner in connection with Belchhi P.S. Case No. 33 of 2016 giving rise to Sessions Trial No. 176 of 2018, pending in the court of learned 3rd Additional Sessions Judge, Barh.
Patna High Court Cr.Misc. No.39327 of 2018 (4) dt.06-09-2018 3/3 The application is, accordingly, rejected. However, the trial court is directed to conclude the trial within six months. (Nilu Agrawal, J) Devendra/Priyanka U T