Baijnath Sah @ Baidyanath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42207 of 2015 Arising Out of PS.Case No. -167 Year- 2014 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Baijnath Sah @ Baidyanath Sah Son of Late Bauku Sah resident of village - Pandasarai, Police Station Laheriasarai, District - Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Kumar Sinha For the Opposite Party/s : Mr. Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-11-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 498-A, 323, 302 and 34 of the Indian Penal Code. Allegation against the petitioner, who being husband of the deceased, is that he along with other family members tortured and assaulted the deceased Poonam Kumari, daughter of the informant. Subsequently, she died in course of treatment. It has been submitted on behalf of the petitioner that he has got no criminal antecedent. He is in custody since 3.6.2015. Chargesheet has been submitted in the present case. There is no eye witness to the alleged occurrence. Petitioner has falsely been implicated in the present case.

On behalf of the State, it is submitted that the petitioner is husband of the deceased. Post mortem examination reveals that there are as many as six injuries on the body of the deceased caused by hard and blunt substance.

Considering the aforesaid facts and circumstances, I am

Patna High Court Cr.Misc. No.42207 of 2015 (4) dt.05-11-2015 2 / 2 not inclined to grant bail to the petitioner, same is rejected. Any how, learned trial court is directed to take all necessary steps to expedite the trial in Laheriyasarai P. S. Case no. 167 of 2014 and conclude the same preferably within a period of one year from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) sudip/- U T