Jitan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75417 of 2022 Arising Out of PS. Case No.-209 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== JITAN RAM Son of Late Sagar Ram Resident of Village - Dhadhaniya, P.S.- Bhabua, District - Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-02-2023 Heard the parties.

Petitioner renews his prayer for regular bail in connection with Sessions Trial Reg. No. 66 of 2020 arising out of Bhabua P.S. Case No. 209 of 2019, registration no. 799 of 2019 registered for the offence punishable under Sections 302 / 201 / 34 of the I.P.C. inasmuch as bail application of the petitioner was earlier rejected vide Cr. Misc. No. 38023 / 2021 by order dated 12.05.2022 with liberty to the petitioner to renew his prayer for bail after six months if the trial does not record any substantial progress.

Petitioner was having illicit relationship with another lady which was being protested by his wife (deceased) and due

Patna High Court CR. MISC. No.75417 of 2022(3) dt.08-02-2023 2/3 to that protest, the petitioner has killed his wife and disposed her dead body stealthily.

During the course of investigation the daughter of the petitioner has stated that her mother was killed by him. Learned counsel for the petitioner relying upon the deposition of the daughter of the petitioner, kept at Annexure- 3 to this bail application, submits that during the course of the trial she has not supported the prosecution story and has become hostile.

This court vide its order dated 04/01/2023 has called for a report from the court below regarding the present stage of the trial and in pursuance thereof report has been furnished by learned Addl. District & Sessions Judge - XI, Kaimur at Bhabua vide letter no. 04 / 2023 dated 13.01.2023 in which the learned trial court has given the estimated time for completion of the trial within six months.

Taking into consideration the fact that this court is not holding mini trial and in her statement before the Police the daughter of the petitioner has specifically stated that the petitioner has killed her mother (i.e. his wife) as well as the fact that trial court has given the estimated time for completion of the trial within six months, as such, I am not inclined to grant bail to the petitioner at this

Patna High Court CR. MISC. No.75417 of 2022(3) dt.08-02-2023 3/3 stage.

The prayer for bail is rejected.

However, the petitioner may renew his prayer for bail after six months.

(Anil Kumar Sinha, J) praful/- U T