Patna High CourtCR. MISC./49198/2014rejected

Md. Arman @ Md. Arman Mian v. The State Of Bihar

2015-04-24Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.49198 of 2014 (5) dt.24-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49198 of 2014 Arising Out of PS.Case No. -135 Year- 2013 Thana -KHUDAGANJ District- NALANDA (BIHARSHARIFF) ======================================================

1. Md. Arman @ Md. Arman Mian Son of Hannan Mian Resident of Village - Kharjama, P.S. Khodaganj, District - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Satyendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be husband of the deceased who died due to burn injuries within two years of her marriage. There is allegation that petitioner used to torture the deceased due to non-fulfilment of dowry demand. After investigation, police has submitted charge sheet under Section 304 B of the Indian Penal Code.

Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Sessions Trial No. 197 of 2014 arising out of Khodaganj P.S. Case

Patna High Court Cr.Misc. No.49198 of 2014 (5) dt.24-04-2015 No. 135 of 2013 pending in the court of Ad hoc Additional Sessions Judge-I, Hilsa, Biharsharif at Nalanda stands rejected, at least, at this stage.

However, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible, preferably within nine months from the date of receipt/production of copy of this order. It is made clear that if the trial court fails to conclude the trial of the petitioner within the above stated period due to non co-operation of the prosecution, the petitioner may renew his prayer for bail before the learned trial court itself.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T