Akhilesh Kumar Das @ Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5165 of 2015 Arising Out of PS.Case No. -161 Year- 2013 Thana -FORBESGANJ District- ARRARIA =========================================================== Akhilesh Kumar Das @ Akhilesh Kumar Son of Raju Das@Rajendra Das Resident of Vill-Matiyari,P.S-Forbesganj, Distt-Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s :

For the Opposite Party/s :

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 18-05-2016 Heard learned counsel for the parties.

The petitioner seeks bail in Forbesganj P.S. Case No. 161 of 2013 dated 16.5.2013 instituted under Sections 304B/34 of the Indian Penal Code.

This is the second attempt for bail by the petitioner as earlier such prayer was rejected by order dated 20.10.2014 passed in Cr. Misc. No. 28468 of 2014.

By order dated 08.04.2016, a report was called from the Court below with regard to the stage of the trial, reasons for delay and

Patna High Court Cr.Misc. No.5165 of 2015 dt.18-05-2016 2/2 the likely time by which the trial can be concluded. Pursuant to the same, a report has been received from the 3rd Additional District and Sessions Judge, Araria dated 16.04.2016 in which he has prayed for grant of six months time to conclude the trial. In view of the aforesaid and taking into account the fact that the petitioner is the husband of the victim and the marriage was only 15 months old and also that the postmortem report shows ligature mark with the opinion of the doctor that death has occurred as a result of asphyxia caused due to hanging, the Court is not inclined to grant bail to the petitioner.

Accordingly, the application stands dismissed. However, the Court below is directed to ensure that the trial is concluded latest by 31st October, 2016. It is indicated that since the time for conclusion of the trial has been fixed as per the request made by the Court itself, it shall be the duty of the Court to ensure that the same is done within the timeframe fixed. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date