Anuj Kumar Jha @ Anoj Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10955 of 2016 Arising Out of PS.Case No. -14 Year- 2012 Thana -RUDRAPUR District- MADHUBANI ======================================================

1. ANUJ KUMAR JHA @ ANOJ KUMAR JHA S/o Yadunath Jha, resident of Village- Rakhwari, P.S.- Rudrapur, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. U.S.P Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 302, 201 and 120B/34 of the I.P.C Kanchan Devi, the daughter of the informant, was married to the petitioner on 19.05.2012 and allegedly all the ornaments of Kanchan Devi were given by the petitioner to his Bhabhi Abha Jha as the petitioner was having illicit relationship with Abha Jha which was being protested by Kanchan Devi resulting Kanchan Devi was killed by the petitioner and other inlaws and her dead body was thrown at the railway track near Basua Dai Pokhar.

Submission is of false implication and that during

Patna High Court Cr.Misc. No.10955 of 2016 (4) dt.04-05-2016 2/3 investigation it has come that the petitioner was not present at the time of occurrence, he was at Merrut, the letter written by the deceased was recovered which goes to show that she was having love affair with another person and for that she committed suicide, there is no eye witness of the occurrence who can say that the petitioner has killed his wife and threw the dead body on the railway track, there is only suspicion, other co-accused Raghunath Jha has already been allowed bail by another coordinate Bench of this Court and as such the petitioner who is suffering in custody since 01.12.2015 also deserves sympathetic consideration, to which the learned A.P.P.

opposes by submitting that the blood stain Dhoti and the blood stain rope were recovered from the house of the petitioner and the petitioner having illicit relationship with his Bhabhi killed his wife due to protest made by her. In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, at present I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Rudrapur P.S. Case No. 14 of 2012/ T.R. No. 235 of 2015 pending in the court of Sri R.K.Rajak, J.M. 1st Class, Jhanjharpur, Madhubani.

However, the trial court is directed to expedite the

Patna High Court Cr.Misc. No.10955 of 2016 (4) dt.04-05-2016 3/3 trial and to conclude the same preferably within a period of nine months from the date of receipt/production of a copy of this order, failing which the petitioner, if at no fault, may renew his prayer for bail.

(Jitendra Mohan Sharma, J) Abhay/- U T