IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21520 of 2011
Upendra Rai, S/O-Late Horil Rai
Versus
The State Of Bihar
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04 27.09.2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
Petitioner being husband of the deceased is
languishing in jail custody since 05.12.2010 in a case registered
under Sections 304 (B)/34 of the Indian Penal Code.
Admittedly, the marriage of petitioner had taken
place one year prior to lodging of the present case and in course
of investigation all the natal people of the deceased have stated
about the illegal demand as well as torturing by the petitioner and
his other family members. In post-mortem examination, the cause
of death is said to be asphyxia.
Considering the aforesaid facts and circumstances
as well as submissions of the parties, I do not feel it proper to
release the petitioner on bail. Accordingly, his prayer for bail in
connection with Mahua P.S. Case No. 367 of 2010 pending in the
court of Chief Judicial Magistrate, Vaishali at Hajipur is, hereby,
rejected.
It appears from perusal of prayer portion of this
petition that the case of this petitioner is still pending in the court
of Chief Judicial Magistrate, Vaishali at Hajipur. The Chief
Judicial Magistrate, Vaishali at Hajipur is directed to commit the
case of the petitioner to the court of Sessions in accordance with
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law within 15 days from the date of receipt of this order and after
that the trial court shall conclude the trial of the petitioner as early
as possible.
SHAHZAD ( Hemant Kumar Srivastava, J.)