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Patna High CourtCR. MISC./27817/2017dismissed

Md. Shamsher v. The State Of Bihar

2017-08-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27817 of 2017 Arising Out of PS.Case No. -18 Year- 2016 Thana -BHAGWANPUR District- BEGUSARAI ======================================================

1. Md. Shamsher, Son of Md. Aslam, Resident of Village- Suryapura, P.S.- Bhagwanpur, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2017 Heard the parties.

This application is for grant of regular bail in connection with Nhagwanpur P.S.Case No.18 of 2016, for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

The petitioner is husband. The case is of dowry death and the allegation is of administering poison to the deceased. Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case as she herself consumed poison and there is no independent witness of the occurrence. Further submission is that the petitioner is in custody since 19.10.2016.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.27817 of 2017 (5) dt.03-08-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner, however, since the petitioner is in custody for about nine months, the learned trial court is directed to expedite the trial and try to conclude it within a period of one year. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T