Lallan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11094 of 2015 Arising Out of PS.Case No. -74 Year- 2014 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Lallan Rai S/o Late Sita Rai @ Sitaram Rai, resident of villageShambhuchak, P.S.- Kalyanpur, Distt.- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Md. Aslam Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in Kalyanpur P.S.Case No. 74 of 2014 registered under Sections 302/34 of the Indian Penal Code, pending in the court of learned C.J.M., East Champaran, Motihari.

The allegation against the petitioner and other coaccused is that they strangulated the sister of the informant to death.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.12.2014. Charge sheet has been submitted in this case. The petitioner has got no criminal antecedent. Further it has been submitted that there is no direct

Patna High Court Cr.Misc. No.11094 of 2015 (4) dt.29-07-2015 2/2 allegation against the petitioner for committing the murder of the deceased.

On behalf of the State, it has been submitted that the petitioner is the husband and onus is upon him to explain the death of the deceased.

Considering the facts aforesaid, I am not inclined to grant bail to the petitioner and the same is rejected. However, the trial court is directed to take all necessary steps to conclude the trial within a period of nine months from today.

(Sudhir Singh, J) singh/- U T