Dhani Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43208 of 2014 Arising Out of PS.Case No. -185 Year- 2012 Thana -GAYGHAT District- MUZAFFARPUR ====================================================== Dhani Kumar Rai, Son of Devendra Rai, R/o Village - Bhatgama, P.S. - Gaighat, District - Muzaffarpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 10-04-2015 Heard.
The petitioner seeks bail in a criminal prosecution registered under Sections 304B, 120B, 201/34 of the Indian Penal Code as also under Section 3/4 of the Dowry Prohibition Act. Taking into consideration the fact that the petitioner is the husband of the deceased and he is alleged to be main culprit for commission of crime in question, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of bail at this stage. Accordingly, his prayer for bail in connection with Gaighat P.S. Case No.185 of 2012 pending in the court of Sri Mithilesh Kumar, Judicial Magistrate-1st Class, Muzaffarpur is rejected at this stage.
The learned Judicial Magistrate-1st Class, Muzaffarpur, who is in seisin of the case, is directed to commit the case of the petitioner to the court of the Session, if not already committed, within a period of one month from the date of receipt/production of a copy of the present order. On such commitment, the learned Sessions Court shall make all endeavours to conclude the trial of
Patna High Court Cr.Misc. No.43208 of 2014 (4) dt.10-04-2015 the petitioner at an early date. However, if the trial of the petitioner is not concluded within a period of one year from the date of framing of charge, without there being any fault on the part of the petitioner, then he shall be at liberty to renew his prayer for bail.
(Birendra Prasad Verma, J) Arvind/- U T