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Patna High CourtCR. MISC./28013/2022dismissed

Samrul @ Samirul v. The State Of Bihar

2022-08-24Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28013 of 2022 Arising Out of PS. Case No.-8 Year-2020 Thana- POTHIYA District- Kishanganj ====================================================== SAMRUL @ SAMIRUL S/o Sabir R/o village- Phulhara, P.S.- Pothia, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-08-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Pothia P.S. Case No. 08 of 2020 giving rise to Sessions Trial No. 58 of 2021 for the offences under Sections 304(B), 302 and 120B/34 of the Indian Penal Code.

The petitioner is the husband of the deceased and as per the allegation, after the marriage she was regularly tortured for dowry, in between, she also gave a birth to a child who is one year old and on the fateful day, it is alleged that the informant's daughter was killed.

Petitioner being the husband cannot exonerate himself

Patna High Court CR. MISC. No.28013 of 2022(2) dt.24-08-2022 2/2 from the charges levelled against him for the death of his wife. Considering the aforesaid facts, this Court is not inclined to grant him the privilege of bail which is accordingly rejected.

Taking into account the fact that the petitioner is in custody since 04.03.2021, the Trial Court is hereby directed to expedite the trial and conclude the same preferably within a period of one year.

(Rajiv Roy, J) Jagdish/- U T