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Patna High CourtCR. MISC./2511/2023dismissed

Suresh Rai v. The State Of Bihar

2023-08-17Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2511 of 2023 Arising Out of PS. Case No.-118 Year-2021 Thana- BELA District- Sitamarhi ====================================================== SURESH RAI S/o Manohar Rai R/v- Vishnupur, P.S.- Bela, DistrictSitamarhi ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Parwej Khan, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-08-2023 Heard the parties.

The petitioner is in custody in connection with Sessions Tr. No. 77 of 2022/78 of 2022 arising out of Bela P.S. Case No. 118 of 2021 for the offence under sections 304(B), 201 and 34 of the Indian Penal Code lodged on 19.06.2021 by the informant, Chandrakala Devi.

As per the prosecution story, the petitioner was married to the victim lady but was regularly tortured for dowry and on the fateful day, the informant came to know about her death and even the mortal remains were consigned to flame without the informant's side reaching the place. Accordingly, the F.I.R.

In this case, a co-ordinate Bench had called for case diary and report from the Trial Court. As per the report, out of

Patna High Court CR. MISC. No.2511 of 2023(5) dt.17-08-2023 2/2 four witnesses, two have been examined and the rest two are to be examined.

Though, the case of the petitioner is that the two witnesses so far as examined have not supported the prosecution story, it would be appropriate that the trial is taken to its logical conclusion within a period of six months positively. For the present, the bail application stands rejected with a direction to the trial Court to conclude the trial within a period of six months.

(Rajiv Roy, J) kiran/- U T