Ashok Shahi @ Pintu Shahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33617 of 2014 Arising Out of PS.Case No. -24 Year- 2014 Thana -NAUTAN District- SIWAN ====================================================== Ashok Shahi @ Pintu Shahi S/o Late Lalan Shahi, R/o Village- Agauta, P.S.- Nautan, District- Siwan .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-01-2015 Heard learned counsel for the petitioner and learned counsel, appearing for the State.

The petitioner is husband of the deceased and admittedly, the deceased died due to burn injury within 7 years of her marriage and apart from this, the informant as well as his family members have very clearly stated about the illegal demand as well as cruelty.

Learned counsel for the petitioner submits that after death of the deceased, the statement of own nephew of the informant was recorded at PMCH, Patna but the own nephew of the petitioner had stated that the deceased was caught in fire accidentally and almost all the eye witnesses of the alleged occurrence, made similar statement. It is further contended by him that after institution of the present case, the informant realized his

Patna High Court Cr.Misc. No.33617 of 2014 (3) dt.13-01-2015 2/2 fault and filed an affidavit before the trial court, disclosing the real facts.

Considering the aforesaid facts as well as submission of the parties. I am not inclined tom grant privilege of bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Nautan P.S. Case No. 24 of 2014 pending in the court of Chief Judicial Magistrate, Siwan stands rejected. However, learned court below is directed to commit the case of the petitioner to the court of sessions in accordance with law within three weeks from the date of receipt of the order and after commitment, the concerned Sessions Court should expedite the trial of the petitioner and if, in course of trial, the informant and his family members failed to support the prosecution case, the learned trial court shall consider the bail prayer of the petitioner on its own merit without being prejudiced by this rejection order.

(Hemant Kumar Srivastava, J) A.K.V./- U T