Bhushan Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1070 of 2015 Arising Out of PS.Case No. -104 Year- 2013 Thana -KAUAKOL District- NAWADA ====================================================== Bhushan Chauhan Son of Ram Briksh Chauhan Resident of Village-Pali, P.S.-Kawakole, District-Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. Jitendra Kr. Roy No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 04-03-2015 Heard the parties.

The petitioner seeks bail in a criminal prosecution registered under Section 304(B)/34 of the Indian Penal Code. Taking into consideration the fact that the petitioner happens to be the husband of the deceased and there is allegation against him in the F.I.R. vide Annexure-1 for committing the crime in question, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of bail for the present. Accordingly, his prayer for bail in connection with Kawakole P.S. Case No. 104 of 2013, pending in the court of learned Judicial Magistrate, 1st Class, Nawada, is rejected.

Learned Magistrate, in seisin of the case, shall commit the case of the petitioner to the court of sessions forthwith, if not already committed. On such commitment, trial of the petitioner shall be taken up on priority basis and all endeavours shall be made to conclude the same at an early date preferably within a period of one year from the date of framing of charge. However, if the trial of the petitioner is not concluded within the aforesaid period, then he shall be at liberty to renew his prayer for bail. (Birendra Prasad Verma, J) BTiwary/- U T