Patna High CourtCR. MISC./27452/2015rejected

Arun Kumar v. The State Of Bihar

2015-10-27Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.27452 of 2015 (4) dt.27-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27452 of 2015 Arising Out of PS.Case No. -516 Year- 2014 Thana -BIHTA District- PATNA ======================================================

1. Arun Kumar son of Asharfi Rai resident of Village - Anandpur, P.S. - Bihta, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. A.K. Thakur For the Opposite Party/s Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 27.10.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner being husband of the deceased is languishing in jail custody since 20.8.2014 in a case registered under sections 304B, 201/34 of the Indian Penal Code. Admittedly, deceased died within few months of her marriage and further, it is an admitted position that she died of burn injury meaning thereby, her death was in other than normal circumstance.

Dead body of the deceased was recovered from Badhar which, allegedly, had been thrown by the petitioner and his associates. There is allegation of illegal demand as well as torturing against the petitioner.

Therefore, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Bihta

Patna High Court Cr.Misc. No.27452 of 2015 (4) dt.27-10-2015 P.S. Case no. 516/2014 pending in the court of Addl. Chief Judicial Magistrate, Danapur/concerned court stands rejected, at least, at this stage.

It appears that case of the petitioner is still pending in the court of Addl. Chief Judicial Magistrate, Danapur and, therefore, the concerned court is directed to commit the case of the petitioner to the court of sessions within three weeks in accordance with law from the date of receipt/production of a copy of this order and after commitment, the concerned Sessions court shall expedite the trial of the petitioner and conclude the same as early as possible.

shahid (Hemant Kumar Srivastava,J) U T