IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27918 of 2009 ALAKHDEV YADAV Versus THE STATE OF BIHAR ----------- 02 24.08.2009 Heard both sides. Petitioner seeks bail in a case instituted under Sections 302, 120-B/34 of the Indian Penal Code. Allegation as per F.I.R. is that the deceased was not liked by the petitioner (husband) and other inmates of the matrimonial home, as she was dark. Although, marriage has been solemnized several years ago, but she was not allowed to live at the matrimonial home and accordingly was living at ‘Naihar’. On the date of occurrence, the petitioner arrived at Motor-cycle and forced the informant to allow the wife to go along with him. They proceeded on the Motor-cycle. Next morning dead body was recovered from the place. It is contended that apart from these facts, there is nothing on record to implicate this petitioner in the crime. Learned counsel fairly submits that there is some witnesses on the record stating that on that date the petitioner had arrived at the house of the informant and forced the members to allow the wife 2 to go along with him and soon thereafter the dead body was found. Looking to the allegations and the materials collected in support thereof, this Court is not persuaded to admit the petitioner on bail. Prayer for bail is accordingly rejected. Learned counsel then submits that the petitioner is in custody since 6.7.2008 and the trial has not as yet been taken up. Having regard to that aspect of the matter, this Court observes that petitioner shall have liberty to renew prayer for bail, if the trial itself is not taken up within 08 months from the date of receipt/communication of the order. P.K. (K.K. Mandal, J.)