Babloo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81517 of 2024 Arising Out of PS. Case No.-176 Year-2016 Thana- SALAKHUA District- Saharsa ====================================================== Babloo Yadav Son of Late Yogendra Prasad Yadav @ Yogendra Yadav Resident of Baidi, P.S.- Bakhtiyarpur, District - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Fazle Karim, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with S.T. No. 95 of 2024, arising out of Salkhua (Chiraiyan) P.S. Case No. 176 of 2016 instituted for the offences under Sections 304B/34 of the Indian Penal Code.

3. Prosecution case, in short, is that the petitioner alongwith the family members tortured and killed the deceased for the non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is the husband of the deceased. Learned counsel for

Patna High Court CR. MISC. No.81517 of 2024(3) dt.04-02-2025 2/3 the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Charge has been framed against the petitioner on 24.04.2024 under Sections 304B, 302, 323, 342, 34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.08.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. As per the report dated 18.12.2024 sent by the learned court below, the trial is in progress and four witnesses out of nine have already been examined.

7. Considering the aforesaid facts and circumstances of the case, present stage of trial as per the report sent by the learned court below, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

9. Learned Trial Court is directed to expedite the trial.

10. However, liberty is granted to the petitioner to renew the prayer for grant of bail before the Trial Court if the trial is not concluded within a period of six months from today.

Patna High Court CR. MISC. No.81517 of 2024(3) dt.04-02-2025 3/3 If any such application is filed, the learned Trial Court shall consider an dispose of the same on its own merit without being prejudiced by this order.

(Rudra Prakash Mishra, J) Alok Verma/- U T