Sheoji Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37381 of 2016 Arising Out of PS.Case No. -38 Year- 2015 Thana -JAMOBAZAR District- SIWAN ====================================================== Sheoji Ram son of Jagarnath Ram Resident of Village - Chotka Jagdishpur, Police Station - Jamo Bazar, District - Siwan. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

Petitioner happens to be husband of the deceased. The marriage of deceased had taken place with petitioner in the year 2011 but on 17.05.2015 informant got a telephonic message that deceased was burnt to death by the petitioner and his other family members due to non fulfilment of illegal demand of motorcycle in dowry. The post mortem report of the deceased goes to show that she died of burn injuries and in course of investigation, the witnesses have supported the prosecution case.

Patna High Court Cr.Misc. No.37381 of 2016 (3) dt.08-11-2016 2/2 Moreover, it is informed that charge against the petitioner has already been framed but up till now not a single prosecution witness could be examined, particularly, in the circumstance when petitioner is in jail custody since 20.05.2015. Regard being had to 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. 22 of 2016 arising out of Jamo Bazar P.S. Case No. 38 of 2015 pending in the court of 4th Additional Sessions Judge, Siwan stands rejected. However, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible. It is made clear that if the trial of the petitioner is not concluded within six months due to fault of prosecution, the petitioner may renew his prayer for bail before the trial court itself.

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