Gopal Sao @ Gopal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43211 of 2018 Arising Out of PS.Case No. -81 Year- 2016 Thana -JHAJHA District- JAMUI ====================================================== Gopal Sao @ Gopal Sah, S/o Ram Prasad Sah, Resident of Village- Dariya, P.S. Jhajha, District-Jamui.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajesh Kumar Sinha, Advocate. For the Opposite Party : Mr. Braj Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 24.07.2017 in connection with Jhajha P.S. Case No. 81/2016 for the offence registered under Sections 498(A), 304(B). 201/34 of the I.P.C. and 3⁄4 of the D.P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner killed the sister of the informant due to non-fulfilment of demand of dowry.

This is second attempt on behalf of the petitioner for grant of bail.

Earlier bail application of the petitioner was rejected vide Cr. Misc. No. 53480 of 2017 dated 18.01.2018 taking into

Patna High Court Cr.Misc. No.43211 of 2018 (3) dt.09-08-2018 2/2 account that the petitioner is the husband of the deceased and onus is upon him to explain the cause of death of the deceased.. A report was called for from the court below regarding the stage of the case. It has been reported that the charge has already been framed in the present case and the trial is expected to be concluded within a period of one year.

Considering the accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Jhajha P.S. Case No. 81 of 2016 (S.T. No. 558 of 2017), pending in the court of learned Additional Sessions Judge-II, Jamui.

The court below is directed to take all necessary steps to conclude the trial within a period of one year from the date of receipt/production of copy of this order.

U.K./- (Sudhir Singh, J) U T