Patna High CourtCR. MISC./33250/2020rejected

Vinod Sah v. The State Of Bihar

2020-12-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33250 of 2020 Arising Out of PS. Case No.-155 Year-2018 Thana- KESARIA District- East Champaran ====================================================== VINOD SAH Son of Late Bhuteli Sah, Resident of Village - Raghunathpur, P.S. - Kesariya, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar, Adv.

For the Opposite Party/s :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-12-2020 Heard both sides through Video Conferencing.

Petitioner seeks bail in Kesariya P.S. Case No.155 of 2018 registered under Sections 304(B), 120(B) and 34 of the IPC corresponding to Sessions Trial No.32 of 2019. Learned counsel for the petitioner submits that the petitioner is the husband of the deceased. The petitioner never demanded any dowry nor tortured his wife. It is further submitted that six witnesses have already been examined but none of the witnesses has supported the case of the prosecution. Taking into consideration the facts that the wife of the petitioner is poisoned to death within two years of her marriage inside the house of the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The trial court is directed to hold the trial on day to

Patna High Court CR. MISC. No.33250 of 2020(2) dt.14-12-2020 2/2 day basis and conclude the same within four months from the date of receipt of this order.

The Superintendent of Police, Motihari (East Champaran) is directed to ensure the attendance of prosecution witnesses so that the trial must be concluded within four months.

Let a copy of this order be sent to the trial court as well as the Superintendent of Police, Motihari (East Champaran) for information and needful.

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