Jhagru Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19523 of 2017 Arising Out of PS.Case No. -70 Year- 2015 Thana -VALMIKINAGAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Jhagru Ram Son of Late Gaya Ram, Resident of village - Bhedihari, P.S. Valmikinagar, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 18-07-2018 Heard learned counsels for the petitioner, State and the informant.

The petitioner, being the father of the husband of the victim has renewed the prayer for bail in a case registered for the offences punishable under Sections 498A, 326 and 304B/34 of the Indian Penal Code.

The prosecution case is killing the daughter of the informant within four months of the marriage. The dead body was recovered from a sugarcane field near the house of accused persons. The further prosecution case is that the petitioner was in the house when the victim was killed.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.19523 of 2017 (5) dt.18-07-2018 only on suspicion, the accusation has been levelled against the petitioner and there is no likelihood of trial being concluded in near future. Moreover, the petitioner is languishing in custody since 16.10.2015.

Learned counsel for the State and the informant after going through the case diary submit that during investigation the witnesses have stated that the petitioner was in the house when the victim was killed and her dead body was recovered thrown in a sugarcane field. Moreover, no information was given to the police on her being killed or she went missing from the house. Hence, the thrust of accusation is against the petitioner.

The report of learned 2nd Additional Sessions Judge, Bagaha, West Champaran dated 26.06.2018 at Flag 'A' suggests that out of 10 witnesses, 3 have been examined and trial is likely to be concluded in nine months.

In the circumstances, this Court is not inclined to revise the earlier order. Accordingly, the prayer for bail of the petitioner is rejected in connection with Sessions Trial No. 07 of 2017 arising out of Valmikinagar P.S. Case No. 70 of 2015, pending in the Court of learned Additional Sessions Judge-II, Bagaha, West Champaran.

Patna High Court Cr.Misc. No.19523 of 2017 (5) dt.18-07-2018 It is expected from learned Trial Court to conclude the trial within the time frame submitted before this Court, as the petitioner is in custody since 16.10.2015. In case of non-conclusion of trial within the time frame, the petitioner will be at liberty to renew the prayer for bail.

(Dinesh Kumar Singh, J) DKS/- U T