Baliram Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3129 of 2018 Arising Out of PS. Case No.-72 Year-2014 Thana- SUGAULI District- East Champaran ====================================================== Baliram Bhagat, S/o Mahendra Bhagat, R/o Vill- Sugao Barahi Tola, P.S.- Sugauli, Dist- East Champaran, Motihari.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Parasmani For the Opposite Party/s :

Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sugauli P.S. case No.72 of 2014 leading to Sessions Trial No.147 of 2015 registered under Sections 304(B) and 34 of the Indian Penal Code, pending in the court of Fast Track Court No.1, Motihari, East Champaran. Allegation is that the accused persons including the petitioner committed murder of the daughter of the informant due to non-fulfilment of demand of dowry.

The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application taking into account that he was the husband of the deceased and the onus was on him to explain the cause of death of the deceased. A report was called for from the Trial Court regarding

Patna High Court Cr.Misc. No.3129 of 2018(3) dt.26-04-2018 2/2 the stage of the trial. It has been reported that up till now four prosecution witnesses have been examined in this case and within eight months the trial is expected to be concluded. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of eight months from the date of receipt/production of a copy of this order. The District Magistrate, East Champaran, Motihari and the Superintendent of Police, East Champaran, Motihari are also directed to take necessary steps to produce the witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District Magistrate, East Champaran, Motihari and the Superintendent of Police, East Champaran, Motihari.

(Sudhir Singh, J) Narendra/- U T