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Patna High CourtCR. MISC./29893/2016dismissed

Chandan Singh v. The State Of Bihar

2017-03-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29893 of 2016 Arising Out of PS.Case No. -9 Year- 2014 Thana -DAUDPUR District- SARAN ====================================================== Chandan Singh S/o Ravindra Singh R/o village - Banwar Ke Tola, P.S. Daudpur, District - Saran at Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 22-03-2017 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the victim has renewed the prayer for bail in a case registered for the offences punishable under Sections 498A, 304B, 201, 120B/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act. The prosecution case is of killing the daughter of the informant within one year of marriage. It is submitted by learned counsel for the petitioner that the petitioner is in custody since 11.02.2014 and trial has still not concluded. Moreover, the victim was suffering from mental ailmnet and she was being provided medical assistance and above all the case does not come within the

Patna High Court Cr.Misc. No.29893 of 2016 (3) dt.22-03-2017 2/2 purview of section 304B IPC since there is no accusation of making demand of dowry.

The report of learned Additional Sessions Judge-X, Saran at Chapra dated 2nd of March, 2017 at Flag 'A' reflects that prosecution evidence has been closed. The defence has to examine its witnesses. However, defence has made prayer to examine the doctor, who treated the victim. The report stipulates that the trial of Sessions Trial No. 473 of 2014 will be disposed of within one or two months.

In view of the report of the learned trial court, this Court is not inclined to revise the earlier order. Accordingly, the prayer for bail of the petitioner is rejected. It is expected from the learned trial court to conclude the trial within time frame submitted to this Court. (Dinesh Kumar Singh, J) DKS/- U T