IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16756 of 2011
Amit Kumar Pandey
Versus
The State Of Bihar
---------
04/ 09.09.2011 Heard learned counsel for the petitioner as well as
learned Addl. Public Prosecutor for the State.
Petitioner being husband of the deceased is in jail custody
since 29.1.2011 in a case registered under sections 304B, 201/34 of
the IPC.
The contention of learned counsel for the petitioner is
that in course of investigation, some witnesses have stated that on
the alleged date of the occurrence, they heard cry of the petitioner
and when they reached at the house of the petitioner they were
informed by the petitioner that his wife had been caught in fire and
thereafter the petitioner took his wife to Hathua hospital from
where she was referred to Burn hospital, Patna for better treatment.
It is also pointed out by him that in course of investigation, the
Investigating officer verified the aforesaid fact and the Investigating
officer has specifically written at para 56 of the case diary that the
deceased was taken to Hathua hospital. It is also contended by him
that the petitioner is an employee of the air force and, as a matter of
fact, the deceased was caught in fire accidentally and subsequently,
informant has lodged this case with the ulterior motive.
Considering the above stated facts and circumstances as
well as submissions of the parties, particularly, keeping in mind that
the deceased died within seven years of her marriage in other than
2
normal circumstance and there is specific allegation of demand of
dowry, I do not feel it proper to release the petitioner on bail, at
least, at this stage.
Accordingly, the prayer for bail of the petitioner in
connection with Uchakagaon P.S. Case no. 03/2011 pending in the
court of the Chief Judicial Magistrate, Gopalganj stands rejected.
It appears from perusal of the prayer portion of the
petition that case of the petitioner is still pending in the court of the
Chief Judicial Magistrate, Gopalganj. The Chief Judicial
Magistrate, Gopalganj is directed to commit the case of the
petitioner to the court of Sessions in accordance with law within
fifteen days from the date of receipt of this order and after
commitment, the trial court shall conclude the trial of petitioner
within nine months from the date of receipt of record of the
petitioner in his court.
It is made clear that if the trial of the petitioner is not
concluded within the above stated period, the petitioner may renew
his prayer for bail before the learned trial court itself.
shahid (Hemant Kumar Srivastava,J)