Md. Aurangjeb @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18693 of 2018 Arising Out of PS. Case No.-344 Year-2017 Thana- BIHARSHARIF District- Nalanda ====================================================== Md. Aurangjeb @ Raja Son of Md. Haroon Mian resident of Mohalla - Saluganj, Police Station - Bihar, District - Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Mani Bhushan Kumar For the Opposite Party/s :

Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Bihar P.S. case No.344 of 2017 registered under Sections 323, 341, 504, 506, 498A, 302/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act, pending in the court of Chief Judicial Magistrate, Nalanda at Bihar Sharif.

Allegation is that the accused persons including the petitioner killed the victim due to non-fulfilment of demand of dowry.

The petitioner is in custody since 20.06.2017. The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner was the husband of the deceased and the onus was on him to explain the cause of death of the

Patna High Court Cr.Misc. No.18693 of 2018(3) dt.30-04-2018 2/2 deceased. The postmortem report also supported the prosecution case.

A report was called for from the court below. It has been reported that the case has been committed to the court of Sessions and within a period of one year the trial is expected to be concluded.

Considering the aforesaid facts and circumstances, nature of accusation and the stage of the case, I am not inclined to granted bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of one year from the date of receipt/production of a copy of this order. The District Magistrate, Nalanda at Biharsharif and the Superintendent of Police, Nalanda at Biharsharif are also directed to take necessary steps to produce the witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District Magistrate, Nalanda at Biharsharif and the Superintendent of Police, Nalanda at Biharsharif.

Narendra/- (Sudhir Singh, J) U T