Patna High CourtCR. MISC./33480/2018rejected

Md. Chand v. The State Of Bihar

2018-08-16Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33480 of 2018 Arising Out of PS.Case No. -150 Year- 2017 Thana -SITAMARHI District- SITAMARHI ====================================================== Md. Chand S/o Late Md. Islam, R/o Vill.- Nonia Tola, Ward No. 7, P.S.- Sitamarhi, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s: Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.

The petitioner is in custody since 10.03.2017 in connection with S.Tr.No.3818 arising out of Sitamarhi P.S.Case No.150 of 2017 registered for the offence under Sections 304(b)/34 of the Indian Penal Code.

The petitioner is alleged to have created a situation in which victim lady out of desperation had locked herself in a room and committed suicide.

Learned counsel for the petitioner submits that the marriage had taken place much earlier and out of the said wedlock they had three children who disclosed that the mother had herself committed suicide. As such, the petitioner may be extended the privilege of grant of bail.

Patna High Court Cr.Misc. No.33480 of 2018 (5) dt.16-08-2018 2/2 Learned counsel for the State submits that there are ample material in the case diary to show that the petitioner had, in fact, created a situation which led the victim lady to lock herself in a room and commit suicide. Independent witnesses have supported the prosecution story and, therefore, the petitioner may not be extended the privilege of bail.

Having considered the material which has come on the record in the case diary, I am not inclined to grant bail to the petitioner. The prayer for bail of the petitioner is rejected. However, the trial court is directed to expedite the trial and conclude it within a period of one year.

(Anjana Mishra, J) AnilKrSinha/- U