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Patna High CourtCR. MISC./70948/2019rejected

Sikandar Ravidas v. The State Of Bihar

2020-03-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70948 of 2019 Arising Out of PS. Case No.-328 Year-2018 Thana- LAHERIMUHALLA District- Nalanda ====================================================== SIKANDAR RAVIDAS, Aged about 24 years, Male, Son of Ashok Ravidas, Resident of Mohalla-Bari Pahari, P.S.-Laheri, District-Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mahendra Prasad Bhartee For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-03-2020 Heard Mr. Mahendra Prasad Bhartee, the learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor.

The petitioner seeks bail in Laheri P.S. Case No.328 of 2018, registered under Sections 304(B) and 201 of the Indian Penal Code.

The informant alleged that his daughter was married to the petitioner in the year 2016, but her husband and other in-laws were torturing her due to non-fulfillment of demand of dowry. On 17.10.2018, the mother of the petitioner informed the informant that his daughter died of electrocution but when the informant went there along with his son, they found the house of the petitioner locked. The accused persons had cremated the dead body immediately thereafter.

Patna High Court CR. MISC. No.70948 of 2019(4) dt.05-03-2020 2/2 Learned counsel for the petitioner submits that the informant and others participated in the cremation of the deceased. On account of accident, the deceased got electrocution and died, but it appears that the petitioner being the husband of the deceased was always torturing his wife. The wife of the petitioner was burnt to death and immediately thereafter her dead body was cremated. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected.

Since the petitioner is in jail for about 1 year and 3 three months, the trial court is directed to hold the trial on day to day basis and conclude the same within nine months from the date of receipt of this order.

The Superintendent of Police, Nalanda, Biharsharif is directed to ensure the attendance of the prosecution witnesses so that the trial must be concluded within nine months. If the trial is not concluded within nine months, the petitioner, if so advised, may renew his prayer for bail.

(Prabhat Kumar Jha, J) S.KUMAR/- U T