Md. Sukru @ Suku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78146 of 2019 Arising Out of PS. Case No.-55 Year-2019 Thana- BARSOI District- Katihar ====================================================== MD. SUKRU @ SUKU S/o Late Ismail Resident of Chaundi, P.S.- Barsoi, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-06-2020 Heard both sides.

The matter has been taken up through video conferencing.

The petitioner seeks bail in Barsoi P.S. case No. 55 of 2019 registered under Section 302, 120(B) of the Indian Penal Code.

The informant, father of the deceased, alleged that he married his daughter five years ago but her husband and other in-laws were torturing her and on 14.03.2019 the informant came to know that her daughter died after hanging herself. When the informant went there he found his daughter hanging. The learned counsel for the petitioner submits that petitioner is husband of the deceased. The petitioner was not even present in his house on the day of occurrence. The petitioner was working in Delhi. 11 persons including the petitioner are made accused in the case. During the course of investigation witnesses have disclosed that in-laws of the deceased were quarreling with the deceased and on account of

Patna High Court CR. MISC. No.78146 of 2019(4) dt.04-06-2020 2/2 which the deceased died.

The learned APP, however, opposed the prayer for bail. Perused the FIR and the case diary.

The petitioner is husband of the deceased. It has come during the investigation that in-laws of the deceased were torturing the deceased on one pretext or the other. The deceased died due to hanging.

Taking into consideration the facts aforesaid and the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The trial court is directed to hold the trial on day to day basis and conclude the same within one year from the date of receipt of this order.

The Superintendent of Police, Katihar is directed to ensure the attendance of prosecution witness in the trial court so that the trial must be concluded within one year.

If the trial is not concluded within one year the petitioner, if so advised, may renew his prayer for bail.

(Prabhat Kumar Jha, J) BKS/- U T