Satish Rai @ Santosh Rai @ Srikant Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13317 of 2015 Arising Out of PS.Case No. -220 Year- 2014 Thana -BANIAPUR District- SARAN ====================================================== Satish Rai @ Santosh Rai @ Srikant Rai Son of late Baij Nath Rai Resident of Village- Hafijpur, P.s- Baniyapur, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Udai Shankar Singh For the Opposite Party/s : Mr. Md.Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 26-05-2015 Heard the parties.

The petitioner seeks bail in a criminal prosecution registered under Section, 304(B)/201/34 of the Indian Penal Code. Taking into consideration the fact that the petitioner happens to be husband of the deceased and there is specific allegation for committing the crime in question and further taking into consideration the fact that the death of the deceased had taken place within 7 years of her marriage at the house of her in-laws, the prayer for bail of the petitioner in connection with Baniyapur P.S. Case No. 220 of 2014, pending in the court of learned Judicial Magistrate, 1st Class, Saran at Chapra, is rejected for the present.

Learned Judicial Magistrate, 1st Class, Saran at Chapra in seisin of the criminal case is directed to commit the case of the petitioner to the court of sessions, if not already committed during the pendency of this application. After such commitment trial of the petitioner shall be taken up on priority basis. However, if trial of the petitioner is not concluded within a period of one year from the date of framing of charge, without there being any fault on his part, then he shall be at liberty to renew his prayer for bail.