Raj Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6830 of 2021 Arising Out of PS. Case No.-315 Year-2018 Thana- PAHARPUR District- East Champaran ====================================================== Raj Kumar Sah, Son of Late Nathuni Sah, Resident of Village - Laguniya, P.S.- Paharpur, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-04-2021 Heard the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 304-B, 34 of the Indian Penal Code.
Informant has alleged in his written complaint that marriage of his sister Rinku Devi was solemnized with petitioner in the year 2015 and at the time of marriage he had given gifts and cash and household articles. However, she was being subjected to torture due to non-fulfillment of demand of bullet motorcycle. On 16.11.2018 petitioner informed on phone that his sister is seriously ill and when they reached there they found that the matrimonial house of his sister was closed and many villagers had assembled there and after some time of search he found the dead body of his sister in sugar cane field
Patna High Court CR. MISC. No.6830 of 2021(3) dt.07-04-2021 2/3 and there were many injuries found on her body. Earlier also, petitioner had moved this Court for grant of regular bail which was rejected vide Annexue 1 with a direction to the court below to expedite the trial and conclude the same within one year.
Vide order dated 24.02.2021 report was called for from the court concerned as with regard to the stage of trial. Report of the trial court has been received, which is kept at Flag B, extract of which is reproduced hereinbelow:-
(1) The record was received in this Court as Sessions Trial No. 126/2021 on 17/02/2021 from Court of Ld. District & Sessions Judge.
(2) Charge was framed on 03/03/2021 u/s 302, 304(B), 201/34 against sole accused Rajkumar Sah and record is fixed for prosecution evidence.
(3) This Court will positively try to dispose off this case within One year subject to the production of witnesses by prosecution within stipulated time.
In view of the above, considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is hereby rejected.
Patna High Court CR. MISC. No.6830 of 2021(3) dt.07-04-2021 3/3 However, the trial court is directed to expedite the trial of the petitioner and conclude the same within one year from the date of receipt/production of a copy of this order. (S. Kumar, J) Rajiv/- U T