Lal Babu Rawani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22563 of 2017 Arising Out of PS.Case No. -61 Year- 2015 Thana -AAYAR District- BHOJPUR ====================================================== Lal Babu Rawani, S/o late Ramadhar Rawani, reisdent of Vill- Parariya, P.S. Charpokhari, District- Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajani Ranjan Pd. Singh, Advocate. For the Opposite Party : Mr. Anil Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 09.10.2015 18.02.2016 in connection with Sessions Trial No. 328/2016, arising out of Ayar P.S. Case No. 61/2015 for the offences instituted under Sections 302 and 201/34 of the IPC.. The prosecution story, in brief, is that the informant's daughter was married to the petitioner eight years ago and after marriage, the petitioner alongwith his family members tortured her. On 26.09.2015, one person informed the informant that her daughter is traceless since eight days back. Then he had gone to the house of the petitioner and his mother told that his daughter left the house some days back. In the meantime, it came in

Patna High Court Cr.Misc. No.22563 of 2017 (3) dt.12-07-2017 2/3 knowledge on rumour that a dead body kept in a gunny bag is flowing in the Canal, then the informant went there and found dead body of his daughter. The informant claims that the accused persons including the petitioner have murdered of his daughter. Earlier the bail application of the petitioner was rejected vide Cr. Misc. No. 28621 of 2016 taking into account that the petitioner is the husband of the deceased and onus is upon him to explain the cause of death of the deceased. This is second attempt on behalf of the petitioner for grant of bail. A report was called for from the court below regarding the stage of the case. It has been reported that the trial can be concluded within a period of nine months.

Considering the aforesaid facts and circumstances and as the petitioner being the husband of the deceased, I am not inclined to grant bail to the petitioner. The same is rejected in Sessions Trial No. 328/2016, arising out of Ayar P.S. Case No.61/2015, pending in the court of the learned 6th Additional Sessions Judge, Bhojpur at Ara.

Anyhow, the learned court below is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of copy of the order.

Patna High Court Cr.Misc. No.22563 of 2017 (3) dt.12-07-2017 3/3 The District Magistrate, Bhojpur at Ara and the Superintendent of Police, Bhojpur at Ara, are directed to ensure that the prosecution witnesses are produced in the court on the date fixed by the court below so that the trial could be concluded within the stipulated period.

Let a copy of this order be communicated to the District Magistrate, Bhojpur at Ara and the Superintendent of Police, Bhojpur at Ara.

U.K./- (Sudhir Singh, J) U T