Jitendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40285 of 2016 Arising Out of PS.Case No. -59 Year- 2015 Thana -BHAGWANPUR District- BEGUSARAI ======================================================

1. Jitendra Paswan S/O Aatma Ram Paswan resident of Village- Handalpur, P.S. Bhagwanpur, District Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-11-2016 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 according to the prosecution case itself, the marriage of the deceased was solemnized with the petitioner in the year 2013 but subsequently, she was done to death in the year 2015, i.e., within two years of her marriage.

Submission on behalf of the petitioner is that the deceased was a short tempered lady and she committed suicide. It is further submitted that, moreover, the information regarding the death of the deceased was given to the informant and having got information, the informant reached the house of the petitioner and found dead body of the deceased lying on a chowki in a room

Patna High Court Cr.Misc. No.40285 of 2016 (3) dt.18-11-2016 2/2 having mark of strangulation. The aforesaid fact goes to show that the deceased was killed and the post mortem report goes to show that the death of the deceased was unnatural. Regard being had to the facts and circumstance of the case as well as submission of the parties, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Session trial no. 416 of 2015 arising out of Bhagwanpur P.S.Case No. 59 of 2015, pending in the court of Additional Sessions Judge,IV, Begusarai, stands rejected. It appears that the charge against the petitioner was framed on 02.09.

2015 but up till now the trial of the petitioner is pending before the concerned trial court and, therefore, the concerned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible, preferably, within four months from the date of receipt/ production of copy of this order even by taking the trial of the petitioner on day to day basis, failing which the petitioner may renew his prayer for bail before the learned trial court itself. (Hemant Kumar Srivastava, J) N.