Yogendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8262 of 2025 Arising Out of PS. Case No.-686 Year-2022 Thana- HISUWA District- Nawada ====================================================== Yogendra Yadav Son of Sri. Deepu Yadav Resident of Village - Manjhway, P.O. and P.S. - Hisua, District - Nawada, Bihar - 805129 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harshit Griyaghey, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-04-2025 Heard Mr. Harshit Griyaghey, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 21.01.2023 in connection with Hisua P.S. Case No. 686 of 2022, F.I.R. dated 19.11.2022 for the offences punishable under Sections 304 (B)/34 of the Indian Penal Code which was later on converted under Section 302/34 of the Indian Penal Code.
3. Earlier the bail application of the petitioner has been rejected vide order dated 11.09.2023 passed in Cr. Misc. No. 46600 of 2023.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the
Patna High Court CR. MISC. No.8262 of 2025(3) dt.04-04-2025 2/3 allegation as alleged in the F.I.R. is false and fabricated. He further submits that from perusal of the F.I.R., it appears that the date of marriage as mentioned in the F.I.R is 16.05.2022 but the marriage was performed on 16.05.2011 and due to this reason the police have submitted a charge sheet under Section 302/34 of the Indian Penal Code. Charge has been framed against the petitioner on 04.09.2023 under Section 302/34 of the Indian Penal Code and the petitioner has been made accused in the present case merely on the ground that he is husand of the deceased and it also appears from the F.I.R that there is no specific allegation against this petitioner rather there is general and omnibus allegation against all the accused persons including this petitioner.
5. Vide order dated 14.02.2025 a report was called with regard to the present stage of trial. Report of the learned Trial Court dated 03.03.2025 reveals that out of 7 charge sheet witnesses, 5 witnesses have already been examined and the case is pending for examination of rest of the prosecution witnesses i.e., I.O and Doctor.
6. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.8262 of 2025(3) dt.04-04-2025 3/3 as well as report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with Hisua P.S. Case No. 686 of 2022 pending in the court of learned Additional Chief Judicial Magistrate VI, Nawada.
8. Prayer is refused.
9. However, learned Trial Court is directed to expedite and conclude the trial at the earliest. (Rajesh Kumar Verma, J) Vanisha/- U T