Babloo Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12077 of 2015 Arising Out of PS.Case No. -145 Year- 2011 Thana -MANIGACHI District- DARBHANGA ====================================================== Babloo Giri son of Raj Kumar Giri resident of Village/Mohalla- Dahaura, P.s.- Manigachhi, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. A.K. Thakur Mr. Md.Imteyaz Ahmad For the Opposite Party/s : Mr. Hriday Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 26-05-2015 Heard the parties.

The petitioner seeks bail in a criminal prosecution registered under Section 304(B), 201/34 of the Indian Penal Code. Taking into consideration the fact that the petitioner happens to be the husband of the deceased and the death of the deceased had taken place within seven years of her marriage at the house of her in-laws, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of bail at this stage. Accordingly, the prayer for bail in connection with Manigachhi P.S. Case No. 145 of 2011 dated 27.08.2011, pending in the court of learned Chief Judicial Magistrate, Darbhanga, is rejected for the present.

Learned Chief Judicial Magistrate, Darbhanga in seisin of this case is directed to commit the case of the petitioner to the court of sessions, if not already committed. After such commitment of the case, trial of the petitioner shall be taken up on priority basis. However, if the trial of the petitioner is not concluded within a period of one year from the date of framing of charge, then he shall be at liberty to renew his prayer for bail. (Birendra Prasad Verma, J) BTiwary/- U T