Sanjan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20200 of 2017 Arising Out of PS.Case No. -118 Year- 2016 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ====================================================== Sanjan Chaudhary Son of Jagdeyal Chaudhary, Resident of Village- Reriya, P.S. Bikramganj, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhinay Raj, Adv. For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-05-2017 Heard both sides.

The petitioner seeks bail in Bikramganj P.S. Case No. 118/2016, registered for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code. The petitioner is the husband of the deceased. The father/informant of the deceased alleged that he married his daughter with the petitioner in the year 2014. His daughter went to her sasural and in October, 2015 she gave birth to a male child, but after some time her husband (petitioner) and other family members started subjecting her to physical and mental torture due to non-fulfillment of demand of dowry. The informant further alleged that his daughter also telephoned him and informed that

Patna High Court Cr.Misc. No.20200 of 2017 (3) dt.05-05-2017 2/3 she was brutally assaulted by her husband and other family members. On 12.06.2016 the informant came to know that his daughter was killed and police recovered the half burnt dead-body of his daughter.

Learned counsel for the petitioner submits that petitioner never subjected his wife to torture. On account of some petty dispute the wife of the petitioner consumed poison and died. The Informant and others participated in the funeral, but later on, the informant lodged the case. The remnant of the dead-body was sent for D.N.A. test, but the report has not yet been received. It appears from the record that the informant having received the information went to the village of the petitioner after informing the police. The police recovered the half burnt deadbody of the daughter of the informant. There is specific allegation that the petitioner being the husband subjected his wife to physical and mental torture and the deceased died within 02 years of her marriage.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

The trial court is directed to hold the trial on day-to-day basis and conclude the same within one year from the date of

Patna High Court Cr.Misc. No.20200 of 2017 (3) dt.05-05-2017 3/3 receipt of this order. The Superintendent of Police, Rohtas (Sasaram) is directed to ensure the attendance of all the prosecution witnesses of Bikramganj P.S. Case No. 118/2016 corresponding to Sessions Trial No. 492/2016 pending in the court of Additional District & Sessions Judge IV, Rohtas at Sasaram, so that the trial must be concluded within one year. Let a copy of this order be sent to the Superintendent of Police, Rohtas (Sasaram) and learned trial court for information and needful.

(Prabhat Kumar Jha, J.) Vinita/- U T