Patna High CourtCR. MISC./42726/2014rejected

Kamlesh Choudhary v. The State Of Bihar

2015-04-16Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.42726 of 2014 (4) dt.16-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42726 of 2014 Arising Out of PS.Case No. -141 Year- 2013 Thana -MADANPURA District- AURANGABAD ======================================================

1. Kamlesh Choudhary Son of Shaudagar Choudhary Resident of Village - Jhikatiya, P.S. - Madanpur, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar No.6 For the Opposite Party/s Mr. Narendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 16.04.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner happens to be husband of the deceased and admittedly, deceased died within five years of her marriage at her matrimonial home and there is allegation against the petitioner that he used to make illegal demand from the deceased and when his demand was not fulfilled, he subjected the deceased to cruelty. Post mortem report of the deceased reveals that death of deceased was not natural. Considering the aforesaid facts and circumstances as well as submissions of the parties, I do not feel it proper to release the petitioner on bail and accordingly, his prayer for bail in connection with Madanpur P.S. Case no.

Patna High Court Cr.Misc. No.42726 of 2014 (4) dt.16-04-2015 141/2013 pending in the court of the Chief Judicial Magistrate, Aurangabad stands rejected, at least, at this stage.

However, Chief Judicial Magistrate, Aurangabad/ concerned court must 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 take all possible steps to conclude the trial of the petitioner as early as possible, preferably, within nine months from the date of receipt of record in sessions court. shahid (Hemant Kumar Srivastava,J) U T