Jainath Thakur @ Jaynath Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75402 of 2022 Arising Out of PS. Case No.-33 Year-2009 Thana- BARHARA District- Bhojpur ====================================================== JAINATH THAKUR @ JAYNATH THAKUR SON OF DAURA THAKUR R/O VILLAGE- MATUKPUR, P.S.- BARHARA, BHOJPUR (BIHAR) ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar, Adv.

For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-02-2023 Heard the parties.

The petitioner is in judicial custody in connection with Barhara P.S. Case No. 33 of 2009 for the offences under Sections 498A, 307, 34 of the Indian Penal Code and Sections 3/4 and Section 304B of the Dowry Prohibition Act In this case, report was called for which has since been received by the Court of learned Additional District and Sessions Judge-XVII, Bhojpur at Ara vide Letter No. 9 dated 24.1.2023.

As per it, the trial is pending for evidence and the date fixed was 30.1.2023.

The allegation against the petitioner who is the husband is of pouring kerosene oil on the body of the victim lady and she was burnt to death.

Patna High Court CR. MISC. No.75402 of 2022(3) dt.08-02-2023 2/2 The trial delayed because the incident is of 2009 whereas the petitioner came into judicial custody only in 2021. For the present, this Court is not inclined to extend him privilege of bail which is accordingly rejected. Taking into account the fact that the petitioner is in custody since 2021, the concerned court is directed to expedite the trial and conclude the same preferably within a period of nine months.

(Rajiv Roy, J) Ajay Singh/- U T