Sandeep Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46671 of 2018 Arising Out of PS. Case No.-240 Year-2014 Thana- NAUTAN District- West Champaran ====================================================== Sandeep Patel S/o Ghanshyam Patel, R/o Vill.- Khadda, Bangala Tolla, P.S.- Nautan, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-09-2018 Heard learned counsel for the parties.

The petitioner has renewed his prayer for bail in a case registered for the offences punishable under Sections 341,323,302,304B and 498A/34 of the IPC.

The prosecution case got initiated on the Fardbeyan of victim, namely, Aarti Devi, recorded on 20.9.2014 at M.J.K. Hospital, Bettiah, to the effect that the victim was married with the petitioner about three months prior to the lodging of the case and she was tortured for non-fulfillment of dowry demand of motorcycle and Rs.40,000/- cash. It is also alleged that the petitioner being the husband in an inebriated condition used to assault the informant. On 19.9.2014 at 4 P.M. the petitioner poured kerosene oil on the victim and set her on fire and subsequently did not allow the family members to take the victim to the hospital.

Patna High Court Cr.Misc. No.46671 of 2018(4) dt.19-09-2018 2/2 The report of the learned Sessions Judge dated 14.9.2018 at Flag 'A' reflects that out of 11 chargesheet witnesses, ten witnesses have already been examined and only ASI of Town Police Station, Bettiah, who recorded the Fardbeyan has not been examined. However, the learned Sessions Judge has given a time frame of two months for conclusion of trial. In view of the report of the learned trial court stating the time frame for concluding the trial, this Court is not inclined to grant bail to the petitioner. This application is accordingly dismissed.

However, the Superintendent of Police, West Champaran is expected to produce the concerned ASI before the learned trial court so as to facilitate the conclusion of S.T. No. 722 of 2016. Learned Sessions Judge, West Champaran is also expected to adhere to the time frame for conclusion of trial. (Dinesh Kumar Singh, J) anil/- U