Patna High CourtCR. MISC./27552/2016rejected

Mahendra Sah v. The State Of Bihar

2016-09-16Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27552 of 2016 Arising Out of PS.Case No. -639 Year- 2014 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Mahendra Sah S/o Ramyad Sah r/o Purani Gudari Turahatoli P.S. Bettiah Town [Kalibag] Dist W. Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be husband of the deceased and is languishing in jail custody since 07.02.2015 in a case registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.

Para-8 of the case diary goes to show that the investigating officer found sign of burning on the wall of toilet and it is alleged that deceased was burnt to death in the said toilet. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that deceased died within seven years of her marriage in other than

Patna High Court Cr.Misc. No.27552 of 2016 (3) dt.16-09-2016 2/2 normal circumstances and there is allegation of illegal demand as well as torturing against the petitioner, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Sessions Trial No. 297 of 2015 arising out of Bettiah Town (Kalibag O.P.) P.S. Case No. 639 of 2014 pending in the court of Additional Sessions Judge-III, Bettiah, West Champaran stands rejected.

However, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same at the earliest.

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