Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32463 of 2016 Arising out of PS. Case No. -228 Year- 2014 Thana -CHIRAIYA District- EAST CHAMPARAN (MOTIHARI) ====================================================== Sunil Yadav, s/o Shri Rambabu Prasad Yadav, r/o village Parewa, P.S. Sikarganj, District East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Patanjali Rishi, Advocate. For the State : Mr. Yogendra Kr.Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-12-2016 Heard Mr. Patanjali Rishi, learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks bail in Chiraiya (Shikarganj) P.S. Case No. 228 of 2014 registered under Sections 304B and 201/34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is the husband of the deceased. The prayer for bail of the petitioner was earlier rejected vide order dated 27.4.2015 passed by this Court in Cr. Misc. 4333 of 2015 with a direction to the trial court to conclude the trial within one year, but the trial has not yet been concluded. It appears from perusal of the report of the learned Additional Sessions Judge-IVth, East Champaran, Motihari, that five witnesses have already been examined and the

Patna High Court Cr.Misc. No.32463 of 2016 (3) dt.14-12-2016 2/2 case is pending for the evidence of the Investigating Officer. Considering the fact that the wife of the petitioner died within two and half months of her marriage, I am not inclined to enlarge the petitioner on bail.

Accordingly, the prayer for bail of the petitioner is rejected.

The trial court is directed to hold the trial on day-today basis and conclude the same within four months from the date of receipt/production of a copy of this order. The Superintendent of Police, East Champaran, Motihari, is directed to ensure attendance of the Investigating Officer and any other prosecution witnesses left to be examined, so that the trial must be concluded within four months. If the trial is not concluded within four months, the petitioner shall be at liberty to renew his prayer for bail.

(Prabhat Kumar Jha, J) S.Ali/- U T