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Patna High CourtCR. MISC./26929/2017rejected

Bano Choudhary v. The State Of Bihar

2017-07-12Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26929 of 2017 Arising Out of PS.Case No. -208 Year- 2015 Thana -DHAMDAHA District- PURNIA ======================================================

1. Bano Choudhary, son of Sri Sudan Choudhary, resident of VillageKabalsiya, P.S.- Dhamdaha, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner wants to renew his prayer of bail which was earlier rejected vide Criminal Misc. No. 18093 of 2016 by order dated 28.06.2016 by this Court on the ground that the petitioner is suffering in custody since 01.09.2015. No offence under Section 304(B) is made out. The marriage has taken place on 14.03.2008. Wife of the petitioner died due to ailment, she was brought to Dr. S.P. Prasad, Purnea and after death the informant lodged this false case.

The learned A.P.P. opposes the prayer of bail by submitting that from postmortem report it also reveals that the deceased was assaulted and killed.

Patna High Court Cr.Misc. No.26929 of 2017 (2) dt.12-07-2017 2/2 In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of bail, again prayer of bail of the petitioner stands rejected.

However, the trial court is directed to expedite the trial and conclude the same within four months, failing which the petitioner may be at liberty to renew his prayer for bail. (Jitendra Mohan Sharma, J) sushma/- U T