Bhulai Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.46481 of 2016 (3) dt.20-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46481 of 2016 Arising Out of PS.Case No. -17 Year- 2016 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Bhulai Sahni son of Kushar Sahni Resident of Village-Koiria Tola, Dumawaliya, P.S. Bagaha, District-West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Nath Tiwary For the Opposite Party/s Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 20.12.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant.

Petitioner seeks bail in a case registered under sections 304B and 201/34 of the Indian Penal Code.

Petitioner happens to be husband of the deceased and it is obvious from perusal of the case diary that she died in other than normal circumstance within four years of her marriage. There is allegation that she was subjected to cruelty and torture due to nonfulfillment of illegal demand. No doubt, mother-in-law of the deceased has already been granted the privilege of bail by a coordinate bench of this court and submission on behalf of the petitioner is that deceased died of natural death and the informant, after two days of disposal of dead body, lodged this case with ulterior motive but I am not at all convinced

Patna High Court Cr.Misc. No.46481 of 2016 (3) dt.20-12-2016 with the above stated submissions. Accordingly, his prayer for bail in connection with Bagaha (Pathkhauli) P.S. Case no. 17/2016 stands rejected, at least, at this stage.

Petitioner is in jail custody since 29.1.2016 and therefore, the concerned trial court is directed to expedite the trial of the petitioner and conclude the same as early as possible, preferably, within six months from the date of receipt/production of copy of this order. It is also made clear that if the concerned trial court failed to conclude the trial of the petitioner within the above stated period due to laches of the prosecution, petitioner may renew his prayer for bail before the learned trial court itself.

shahid (Hemant Kumar Srivastava,J) U T