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Patna High CourtCR. MISC./45911/2014rejected

Sohrab Alam v. The State Of Bihar

2015-01-14Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45911 of 2014 Arising Out of PS.Case No. -59 Year- 2012 Thana -PATNA CITY CHOWK District- PATNA ======================================================

1. Sohrab Alam Son of Abdul Khair resident of Harnaha Tola, P.S. Chowk, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Gautam Kumar Yadav For the Opposite Party/s : Mr. Satyaverat Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-01-2015 Learned counsel for the petitioner is permitted to make necessary corrections in the prayer portion of the bail petition in course of the day.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Sessions Trial No.763 of 2013 arising out of Chowk P.S.Case No. 59 of 2012 registered for the offence punishable under section 304-B read with 34 of the Indian Penal Code. The prayer for bail of the petitioner was rejected by this Court earlier on 9th October, 2013 in Cr.Misc. No. 20736 of 2013.

It has been contended that after commitment of the case till date no witness has been examined in course of trial.

Patna High Court Cr.Misc. No.45911 of 2014 (3) dt.14-01-2015 2/2 Be that as it may, regard being had to the fact that the victim was wife of the petitioner and the doctor, who conducted post-mortem examination, found 'V' shaped ante mortem ligature mark around the neck of the deceased, I am not inclined to grant bail to the petitioner for the present. Accordingly, the prayer for bail is rejected.

Since the petitioner is in custody, learned Additional Sessions Judge I, Patna City before whom the matter is pending, is directed to expedite the trial and conclude the same as early as possible preferably within one year from the date of receipt/production of a copy of the order, failing which the petitioner would be at liberty to renew his prayer for bail. (Ashwani Kumar Singh, J) Pradeep/- U T