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Patna High CourtCR. MISC./23177/2018rejected

Dinesh Yadav v. The State Of Bihar

2018-07-18Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23177 of 2018 Arising Out of PS. Case No.-4 Year-2017 Thana- BANKA District- Banka ====================================================== Dinesh Yadav S/o Late Bhuma Yadav, R/o Vill.- Gorra, P.S. + District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Veer For the Opposite Party/s :

Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner, the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Banka P.S. Case No.04 of 2017, registered under Sections 302/201/34 of the Indian Penal Code.

Allegation in brief is that the informant's brother-in-law had illicit affair with the petitioner's daughter and on account of that the accused persons caught hold the brother-in-law of the informant tied in a tree and assaulted him and in the morning he succumbed to the injury and forcibly took away the dead body and also disposed it of somewhere else.

Learned counsel for the petitioner submits that the allegation of the informant is improbable, further there is no specific accusation against the petitioner, and the case was

Patna High Court Cr.Misc. No.23177 of 2018(5) dt.18-07-2018 2/2 lodged on the next day however nowhere the injured was taken by the informant's side for treatment and other ladies accused have been admitted to bail by a coordinate bench of this court and the petitioner has no criminal antecedent; whereas learned counsel for the state submits that there is specific accusation against the petitioner that he assaulted the victim badly who died as a result of that and also disposed of the dead body forcibly and the petitioner is the father- in- law of the girl and it is an act of honour killing.

Having considered the aforesaid facts and circumstances, the prayer of the bail of the petitioner is presently rejected.

The trial court is directed to expedite the trial and preferably conclude the same within a year.

If the same is not concluded within the stipulated period, the petitioner may renew his prayer of bail. (Arun Kumar, J) S.KUMAR/- U T