Patna High CourtCR. MISC./28753/2016rejected

Dharmendra Singh v. The State Of Bihar

2016-11-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28753 of 2016 Arising Out of PS.Case No. -176 Year- 2012 Thana -RAJAULI District- NAWADA ======================================================

1. Dharmendra Singh Son of Surendra Singh resident of village - Dekpura, P.S. Rahui, District - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-11-2016 Heard both sides.

The petitioner seeks bail in Rajauli P.S. case No. 176 of 2012 under Section 304B/34 of the Indian Penal Code. The learned counsel for the petitioner submits that the deceased caught fire accidentally, while she was cooking food. She made her statement before the police of Patrakar Nagar P.S. on which relatives of the deceased made signature. Yashoda Devi, mother of the deceased, has been examined as PW 5, during the course of trial, and she did not support the prosecution case. The petitioner is in jail for about three years but it appears that the deceased died due to burn injuries within two years of her marriage. The petitioner is the husband. The trial has begun and only official witnesses are yet to be examined. From a perusal of

Patna High Court Cr.Misc. No.28753 of 2016 (2) dt.30-11-2016 2/2 the order of learned Additional Sessions Judge-II, Nawada, it appears that PW 1 to 4 have supported the prosecution case. Considering the fact that the trial is at its fag end, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

The Superintendent of Police, Nawada is directed to ensure the attendance of prosecution witnesses of Rajauli P.S. case No. 176 of 2012, corresponding to Sessions Trial No. 114 of 2014/ 33 of 2016, in the court of learned 2nd Additional Sessions Judge, Nawada so that the trial must be concluded within four months from the date of receipt of this order.

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