Patna High CourtCR. MISC./23652/2015dismissed

Jitendar Sah And ANR v. The State Of Bihar

2015-09-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23652 of 2015 Arising Out of PS.Case No. -43 Year- 2015 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Jitendar Sah Son of Faguni Sah

2. Rekha Devi W/o Sri Jitendar Sah Both Resident of village - Keshopur, Police Station - Kudhani, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Anand For the Opposite Party/s : Mr. Raj Kishore Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-09-2015 Heard both sides.

The petitioners seek bail in a case under Section 302/34 of the Indian Penal Code.

The informant, brother of the deceased, alleged that his sister was married to Jitendar Sah but her husband solemnized 2nd marriage with Rekha Devi. His sister was deserted but there was a Panchayati held. The petitioner in pursuance of the decision of the Panchayati took his sister to his house. On 16.02.2015 Gautam Kumar informed the informant that his uncle, Jitendar Sah, and Rekha Devi, 2nd wife, brutally assaulted the deceased. On such the informant went there and found his sister dead. During the course of investigation almost all the witnesses have supported

Patna High Court Cr.Misc. No.23652 of 2015 (3) dt.22-09-2015 2/2 the version of the informant. The post mortem report shows that there were injuries all over the body of the deceased and her 3rd and 6th ribs were fractured.

Considering the facts aforesaid, I am not inclined to enlarge the petitioners on bail. Accordingly, the same is rejected. The trial court is directed to expedite the trial and conclude the same within one year from the date of receipt of this order. If the trial is not concluded within one year, the petitioners may renew their prayer for bail.

(Prabhat Kumar Jha, J) BKS/- U T