Ravindra Rai @ Nagendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63597 of 2017 Arising Out of PS.Case No. -104 Year- 2015 Thana -AMNAUR District- SARAN ======================================================
1. Ravindra Rai @ Nagendra Rai S/o Bhikhari Rai, R/o Village- Pakari Mohammad, P.S.- Amnour, District- Saran at Chapra..... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tej Pratap Singh For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-04-2018 Heard both sides.
The petitioner seeks bail in Amnour P.S. case No. 104 of 2015 registered under Section 304B/34 of the Indian Penal Code.
The learned counsel for the petitioner submits that prayer of petitioner for bail was earlier rejected by this court vide order dated 22.11.2016 passed in Cr. Misc. No. 38410 of 2016. The petitioner is husband. Three witnesses have already been examined but none of the witness has supported the prosecution case. The petitioner is in jail since 04.04.2016. A report was called for and the learned Sessions Judge has reported that three witnesses have already been examined and three witnesses including the doctor and I. O are yet to be examined and the trial is likely to be concluded within six months.
Patna High Court Cr.Misc. No.63597 of 2017 (4) dt.18-04-2018 2/2 The petitioner is husband and there is specific allegation that it was the petitioner who subjected his wife to different sorts of torture. The post mortem report shows that the deceased got as many as six injuries and there was ligature all around her neck. It transpired that the deceased was assaulted before strangulated to death.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The trial court is directed to hold the trial on day to day basis and conclude the same within six months from the date of receipt of this order.
The Superintendent of Police, Saran, Chapra is directed to ensure the attendance of remaining non-examined prosecution witnesses of Amnour P.S. case No. 104 of 2015 corresponding to Sessions Trial No. 612 of 2016 in the trial court so that the trial must be concluded within six months. Let a copy of this order be sent to learned trial court as well as Superintendent of Police, Saran, Chapra for information and needful.
(Prabhat Kumar Jha, J) BKS/- U T