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Patna High CourtCR. MISC./48273/2014dismissed

Sunder Kant Jha And ANR v. The State Of Bihar

2015-07-14Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48273 of 2014 Arising Out of PS.Case No. -417 Year- 2014 Thana -SAHARSA District- SAHARSA ======================================================

1. Sunder Kant Jha, S/o Late Laxameshwar Jha

2. Sudha Devi, W/o Sunder Kant Jha, Both are Resident of Village Mohanpur, P.S. Nauhatta, District Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. A.L.Pandit (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are in custody in a case registered under Sections 304B/34 of the Indian Penal Code. The prosecution story, in brief, is that the informant Avinash Kumar gave written report to the Officer-in-Charge, Saharsa Police Station on 13.6.2014 that his sister Minu Kumari was married with accused Ravi Shankar Jha about seven years ago and several gifts were given at the time of marriage. Till two years of marriage, his sister resided happily in her matrimonial house and a male child was born out of wedlock, but thereafter all accused persons started demanding Rs.1,00,000/- and a Alto car and on non-fulfilment of demand,

Patna High Court Cr.Misc. No.48273 of 2014 (8) dt.14-07-2015 2/3 torture followed. It is further stated that the husband of the informant's sister later on developed illicit relation with a lady. It is further stated that on 12.6.2014 he received information that his sister has been killed so he reached Sadar Hospital, Saharsa where he found burnt dead body of his sister and coaccused Ravi Shankar Jha was caught by police while escaping. It has been submitted on behalf of the petitioners that the petitioners are in custody since 20.8.2014 and the charge sheet has already been submitted in the case. On behalf of the petitioners, it is submitted that the petitioners are the father-inlaw and the mother-in-law of the deceased and there is no specific allegation against them.

It has been pointed out by the learned counsel for the informant that the trial has already proceeded and two witnesses have already been examined.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, the trial court is directed to conclude the trial within a period of four months. However, if the trial is not concluded within the aforesaid period, then the petitioners, above named, shall be released on bail on furnishing bail bonds of Rs.10,000/- (Ten

Patna High Court Cr.Misc. No.48273 of 2014 (8) dt.14-07-2015 3/3 thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Saharsa P.S. Case No.417 of 2014. (Sudhir Singh, J) PNM U T