Suresh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31451 of 2020 Arising Out of PS. Case No.-388 Year-2019 Thana- MURLIGANJ District- Madhepura ====================================================== SURESH SAH S/o Late Tufani Sah R/o Village- Bhatkhora Ward No.02, P.S.- Murliganj, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikramdeo Singh, Adv.

For the State :

Mr.Ram Bilash Rai Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-01-2021 Heard Mr. Vikramdeo Singh, learned counsel for the petitioner and Mr. Ram Bilash Rai Raman, learned A.P.P. Petitioner seeks bail in Murliganj P.S. Case No.388 of 2019 registered under Sections 302 and 34 of the IPC. The informant is the brother of the deceased. The informant disclosed that his sister was married with the petitioner ten years ago and his sister got three children. On 05.12.2019 he got information that his sister was killed. After having received such information, he went to the house of his sister and found the dead body of his sister lying on the bed.

The informant enquired from the children of his sister, who disclosed that their father (petitioner), elder father (elder brother of the petitioner) and aunty assaulted their mother. Learned counsel for the petitioner submits that there was some quarreling in the evening. The children of the deceased disclosed that the accused persons slapped their mother but in the next morning, their mother was found dead.

Patna High Court CR. MISC. No.31451 of 2020(4) dt.18-01-2021 2/2 There is no evidence to show that the petitioner killed his wife. The petitioner is in jail since 16.02.2020 but from perusal of the F.I.R. and the post-mortem report, it appears that the children have also disclosed that the petitioner and his elder brother and other assaulted the deceased (wife of the petitioner). The postmortem report shows many injuries on the body of the deceased and she was also strangulated to death. The petitioner has not come with the reason as to how his wife died inside the house. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

The court in seisin of the case is directed to commit the case to the Court of Sessions forthwith and the Sessions Judge/Additional Sessions Judge shall hold the trial on day to day basis and conclude the same within nine months from the date of framing of charge. If the trial is not concluded within nine months from the date of framing of charge, the petitioner, if so advised, may renew his prayer for bail.

(Prabhat Kumar Jha, J) Harish/- U