Sunil Kumar @ Sunil Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29518 of 2016 Arising Out of PS.Case No. -46 Year- 2015 Thana -BEUR District- PATNA ====================================================== Sunil Kumar @ Sunil Sao Son of Binod Sao, resident of Mohalla Harnichak P.S. Beur District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Pathak, Adv. For the Opposite Party/s : Mr. Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-09-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the victim is languishing in jail since 04.08.2015 in a case registered for the offences punishable under Sections 304B, 498A, 323 and 504/34 of the Indian Penal Code.

The prosecution case is that the niece of the informant Laxmi Kumari was married with the petitioner in the year 2010, thereafter the torture was inflicted as a result she committed suicide after about five years of the marriage. It is submitted by the learned counsel for the petitioner that admittedly the petitioner did not inflict torture or cause injury to the victim. The postmortem report reflects only ligature mark on the neck.

Patna High Court Cr.Misc. No.29518 of 2016 (4) dt.08-09-2016 2/2 It appears from the record that on conclusion of investigation, charges have been framed under Sections 304B, 498S, 323 and 504/34 of the IPC.

A report was called for from the learned trial court. The report of learned trial court dated 23rd of August, 2016 reflects that out of seven witnesses, three witnesses have been examined and the trial is likely to be concluded within a period of six months. In the circumstance, this Court is not inclined grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is dismissed in connection with S.Tr. No. 889 of 2015 arising out of Beure P.S. Case No. 46 of 2015 pending in the court of learned Addl. Sessions Judge-IX, Patna.

It is expected from the learned trial court to conclude the trial within time frame transmitted to this Court. If the trial is not concluded within a period of six months then the petitioner will be at liberty to renew his prayer for bail. (Dinesh Kumar Singh, J) Amrendra/- U T