Patna High CourtCR. MISC./31061/2016rejected

Suresh Rai v. The State Of Bihar

2016-12-13Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.31061 of 2016 (10) dt.13-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31061 of 2016 Arising Out of PS.Case No. -142 Year- 2015 Thana -FULWARIA District- BEGUSARAI ====================================================== Suresh Rai Son of Dev Nandan Rai Resident of Village- Fulwaria-3, Bakhtar Asthan, P.S.- Fulwaria, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Adv. For the Opposite Party/s : Mr. Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-12-2016 Heard both sides.

The petitioner seeks bail in Sessions Trial No. 87/2016 arising out of Fulwaria P.S. Case No. 142/2015, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is of course, the husband of the deceased, but the marriage was solemnized 13 years ago. There is neither demand of dowry nor any allegation of torture, but from perusal of the F.I.R. it appears that the wife of the petitioner was throttled to death and it was the petitioner who had come one day before the death of his wife. During the course of investigation witnesses have also supported the prosecution case.

Patna High Court Cr.Misc. No.31061 of 2016 (10) dt.13-12-2016 Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

As the petitioner is in jail since 07.10.2015, the Trial Court is directed to hold the trial on day-to-day basis and conclude the same within nine months from the date of receipt/production of a copy of this order.

The Superintendent of Police, Begusarai is directed to ensure the attendance of all the prosecution witnesses on day-today basis during the course of trial, so that the trial must be concluded within nine months.

Let a copy of this order be sent to the learned court below and the S.P. Begusarai for information and needful. (Prabhat Kumar Jha, J.) Vinita/- U T