Patna High CourtCR. MISC./57504/2019rejected

Sudish Rai v. The State Of Bihar

2019-11-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57504 of 2019 Arising Out of PS. Case No.-108 Year-2018 Thana- BASANTPUR District- Siwan ====================================================== SUDISH RAI Son of Punyadeo Rai @ Pundev Yadav Resident of VillageSeriya, P.S-Basantpur, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-11-2019 Heard both sides.

The petitioner seeks bail in Basantpur P.S. case No. 108/2018, corresponding to Sessions Trial No. 503/2018, registered under Section 302/34 of the IPC.

The petitioner is husband of the deceased. The prayer for bail of the petitioner was earlier rejected vide order dated 26.10.2018 passed in Cr. Misc. No. 55367 of 2018. The petitioner moved this court for bail in view of observation made in the order dated 26.10.2018. It is submitted that petitioner has not committed any offence and he is in jail since 24.04.2018 but it appears that dead body of the wife of petitioner was lying on the roof and there was injury on the dead body resulting into death of the wife of the petitioner. The trial has already commenced and only three witnesses are yet to be examined.

Patna High Court CR. MISC. No.57504 of 2019(3) dt.20-11-2019 2/2 Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

The learned trial court is directed to hold the trial on day to day basis and conclude the same within four months from the date of receipt of this order.

The Superintendent of Police, Siwan is directed to ensure the attendance of prosecution witnesses in the court seisin of the case so that trial must be concluded within four months.

Let a copy of this order be sent to the learned trial court as well as Superintendent of Police, Siwan through fax for information and needful.

(Prabhat Kumar Jha, J) BKS/- U T