IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6943 of 2011
Sanjay Choudhary
Versus
The State Of Bihar
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04/ 17.08.2011 Heard learned counsel for the petitioner as well as
learned Addl. Public Prosecutor for the State.
Petitioner is husband of the deceased and he is
languishing in jail custody since 5.10.2009 in a case registered
under section 304B/34 of the IPC.
There is specific allegation against the petitioner and
other accused that they mercilessly assaulted the deceased on
account of non-fulfillment of illegal demand of motorcycle in
dowry.
The post mortem report of the deceased corroborates the
allegation but submission of learned counsel for the petitioner is
that deceased was taken to hospital by the petitioner and his other
family members after an incident when the deceased fell from her
roof.
Considering the allegation levelled against the petitioner
as well as materials available on the case diary, I do not feel it
proper to release the petitioner on bail.
Accordingly, the prayer for bail of the petitioner in
connection with Sandesh P.S. Case no. 47/2009 is, hereby, rejected.
It appears from prayer portion of the petition that case of
the petitioner is still pending in the court of the Chief Judicial
Magistrate, Bhojpur at Ara but submission on behalf of the
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petitioner is that the case of the petitioner has already been
committed to the court of sessions and the charge has not been
framed as yet.
In the aforesaid circumstances, the learned trial court is
directed to expedite the trial of the petitioner and try to conclude the
trial of the petitioner as early as possible.
shahid (Hemant Kumar Srivastava,J)