Shiv Nath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24762 of 2015 Arising Out of PS.Case No. -59 Year- 2014 Thana -JAYNAGAR District- MADHUBANI ====================================================== Shiv Nath Singh Son of Sri Ram Prasad Singh Resident of village - Selara, P.S. Jaynagar, District - Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Nirmal Kumar Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-08-2015 The petitioner is languishing in custody since 13.5.2014 in connection with S.Tr.No.412/14 arising out Jaynagar P.S. Case No.59 of 2014 for the offences instituted under Sections328, 302 and 429/34 of the I.P.C.

Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that there is allegation against the petitioner including co-accused persons that after marriage they used to torture the sister of the informant and due to which she was compelled to consume poison resulting into her death.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.5.2014 and the charge sheet has

Patna High Court Cr.Misc. No.24762 of 2015 (3) dt.19-08-2015 2/2 been submitted in the present case. The petitioner has been made accused due to mistake of fact.

On behalf of the State it has been submitted that the petitioner is husband of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected. Any how the trial court is directed to take all steps to conclude the trial within a period of one year from the date of receipt/production of a copy of this order.

AnilKrSinha/- (Sudhir Singh, J) U T