Shambhu Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.18184 of 2016 (3) dt.01-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18184 of 2016 Arising Out of PS.Case No. -178 Year- 2012 Thana -DARAUNDA District- SIWAN ====================================================== Shambhu Sharma Son of Chhabila Sharma Resident of village - Rukundipur, P.S. Daraunda, District - Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramchandra Sahni, Advocate. For the State : Mr. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 24.04.2014 in connection with Daraunda P.S. Case No. 178 of 2012 in S.T. No. 70 of 2014 for the offences instituted under Sections 304(B) and 120(B)/34 of the Indian Penal Code. The prosecution story, in brief, is that the daughter of the informant Pushpa Kumari was married with the petitioner in July, 2012 according to Hindu rites. After marriage the accused persons started torturing her for demand of motor cycle. He had received information from Gotini of his daughter to come and enquire the situation because altercation has taken place. His daughter was found to be dead.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.04.2014. Charge has been framed on 06.08.2014. The petitioner has got no criminal antecedent.

Patna High Court Cr.Misc. No.18184 of 2016 (3) dt.01-08-2016 There is no allegation of tempering of evidence against the petitioner. The petitioner was not present on the alleged date of occurrence. Till date only four witnesses have been examined out of nine charge sheet witnesses. There is no likelihood of the trial being concluded in near future. The last prosecution witness has been examined on 29.07.2015.

On behalf of the State it is submitted that the petitioner is named in the F.I.R and he is the husband of the deceased. The post-mortem report also supports the allegations made in the F.I.R. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection Daraunda P.S. Case No. 178 of 2012, S.T. No. 70 of 2014 pending in the court of learned Additional District Judge 2nd, Siwan. Anyhow, the Court below is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order. The Superintendent of Police, Siwan, is directed to ensure that the prosecution witnesses are produced on the date fixed by the trial Court.

Let a copy of this order be communicated to the Superintendent of Police, Siwan.

(Sudhir Singh, J) Prakash/- U T