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Patna High CourtCR. MISC./18111/2017dismissed

Subhash Sah v. The State Of Bihar

2017-07-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18111 of 2017 Arising Out of PS.Case No. -18 Year- 2015 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Subhash Sah, son of Late Raghu Nath Sah, resident of village Tajeyapur, P.S. Pipra, District East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Verma For the Opposite Party/s : Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Pipra P.S.Case No. 18 of 2015, corresponding to G.R.No. 349 of 2015, registered for the offences punishable under Sections 304B, 302, 120B and 201 of the Indian Penal Code.

Petitioner is husband of the deceased.

It has been submitted on behalf of the petitioner that there is delay of 11 days in lodging FIR, which creates suspicion about the prosecution case. Further submission is that earlier compromise was made between the parties and the deceased was sent to her matrimonial house and she died in natural death and he is in custody since 3.8.2016.

Heard learned APP also, who has opposed the prayer for bail stating that petitioner is husband and deceased died due to

Patna High Court Cr.Misc. No.18111 of 2017 (4) dt.19-07-2017 2/2 unnatural circumstance.

Having heard both sides and considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner.

As the petitioner is in custody for 11 months, learned trial court is directed to expedite the trial of the petitioner and try to conclude it within nine months and at the same time Superintendent of Police, East Champaran is directed to ensure the presence of witnesses in court on the date fixed, so that trial be concluded within the said period.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U