High Court granted no order on bail application in murder case involving wife's hanging. Court rejected bail plea citing gravity of allegations and lack of compelling reasons, directing trial court to expedite proceedings.
Prayer for bail rejected; trial court directed to expedite conclusion of trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7353 of 2023
Arising Out of PS. Case No.-270 Year-2022 Thana- BAHERI District- Darbhanga
======================================================
Birendra Yadav @ Deva S/O Late Mohan Yadav R/V- Baheri, P.S.- Baheri, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vinay Kumar Mishra For the Opposite Party/s : Mr.Ashok Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
5 04-09-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has prayed for bail in connection with Baheri P.S. Case No. 270 of 2022 instituted for the offence under Sections 302 and 34 of the Indian Penal Code.
Allegation against the petitioner is that he committed murder of his wife by assaulting and thereafter hanged her body with a pillar.
It is submitted by learned counsel for the petitioner that petitioner is the husband of the deceased due to which he has falsely been implicated in this present case. It is further submitted that there is no complaint earlier regarding harassment, demand of dowry and torture with the informant’s daughter and also the the marriage of the petitioner solemnized
Patna High Court CR. MISC. No.7353 of 2023(5) dt.04-09-2023 2/2
with the daughter of the informant 10 years ago. Moreover, the petitioner is languishing in judicial custody since 06.09.2022.
Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is named in the FIR and from perusal of the postmortem report, doctor opined that the cause of death of the deceased is due to confined effect of manual strangulation and hanging as a result of Asphyxia and also witnesses supported the prosecution version. It is also submitted that the petitioner being the husband of the deceased had full responsibility to keep his wife with honour and dignity which he did not do so.
Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.
The trial court is directed to expedite the trial and conclude the same as soon as possible.
(Sunil Kumar Panwar, J)
shubham/-
U T
2 issues framed by the court
Whether the petitioner is eligible for bail in murder charge involving wife's strangulation and hanging.
Whether the trial court should be directed to expedite the trial.
Birendra Yadav @ Deva
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
