Sudama Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38053 of 2016 Arising Out of PS.Case No. -102 Year- 2015 Thana -GARKHA District- SARAN ====================================================== Sudama Singh S/o Late Bhikari Singh R/o Village - Bangra, P.S. - Garakha, District - Saran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 15-11-2016 Heard the counsel for the petitioner.

No one appears on behalf of the State.

The petitioner being the husband of the victim is accused of Garkha P.S. Case No. 102 of 2015 registered under section 304B/34 IPC. The allegation, in brief, is that within 07 years of marriage the victim was subjected to cruelty on account of nonfulfilment of the demand of dowry and was ultimately burnt while she was at her Sasural. Owing to the burn injuries the victim subsequently died.

The contention of the petitioner is that the occurrence had taken place on 25.03.2015 whereas the FIR was lodged on 21.04.2015. The victim sustained burn injuries for which steps were taken by the family members including the petitioner to

Patna High Court Cr.Misc. No.38053 of 2016 (3) dt.15-11-2016 2/2 provide medical assistance and ultimately she died. It is further stated that the petitioner is in custody since May, 2015. From perusal of the FIR it appears that the petitioner had escaped from the hospital when the informant and other family members had arrived. It further appears that he did not submit to the jurisdiction of the court for nearly 11 months. Considering the nature of the allegation and other materials reflected from the records, I am not persuaded to extend the privilege of bail to the petitioner. His prayer is accordingly rejected.

The trial court shall take steps to expedite the trial and examine the prosecution witnesses within 08 months of the receipt/production of a copy of this order.

(Kishore Kumar Mandal, J) HR/- U T