Manish Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26453 of 2016 Arising Out of PS.Case No. -18 Year- 2015 Thana -JAMALPUR District- MUNGER ====================================================== Manish Sharma, Son of Late Arjun Sharma, Resident of Village - Chhoti Keshopur, Fridpur, P.S. - Jamalpur, District - Munger. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Arvind Kumar Singh, Advocate For the Opposite Party : Mr. Sri Ram Shankar Das (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-07-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

Petitioner seeks bail in connection with Jamalpur P.S. case no. 18/2015 registered for the offence punishable under Sections 304 (B) of the Indian Penal Code and Section 3(X) of SC/ST Act.

The petitioner wants to renew his prayer for bail which was earlier rejected by order dated 29.10.2015 passed in Cr. Misc. no. 28973 of 2015 on the ground that no offence under Section 304(B) of I.P.C. is made out, deceased was not the legally married wife of the petitioner rather she was a concubine and the petitioner is in custody since 12.02.2015 to which the learned A.P.P. seriously opposes by submitting that besides the witnesses,

Patna High Court Cr.Misc. No.26453 of 2016 (3) dt.27-07-2016 2/2 medical evidence also supports the prosecution evidence as cause of death has been found due to asphyxia caused by throttling and the trial is likely to be concluded within two months as prosecution evidence has already been closed which is evident from the report of the learned Trial Judge.

In the facts and circumstances stated above, finding no good ground for reconsideration of the prayer of bail of the petitioner, again the prayer of bail of the petitioner stands rejected.

However, let the Addl. District & Sessions Judge 1st, Munger shall take all positive steps to conclude the trial within two months as stated in his report dated 14.07.2016. (Jitendra Mohan Sharma, J.) rinkee/- U T