IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.12846 of 2011
Ajay Mahto
Versus
The State Of Bihar
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03/ 06.07.2011 Heard learned counsel for the petitioner as well as learned
Addl. P.P. for the State assisted by the learned counsel for the
informant.
Petitioner, being husband of the sister of the informant, is
languishing in jail custody since 4.8.2010. Marriage of the deceased
was solemnized in the year 2006 but deceased died within four walls
of the house of the petitioner in other than normal circumstance in the
night of 16.8.2009.
Learned counsel for the petitioner submits that in course of
investigation mother of the deceased was arrested by the police and
she disclosed that in the night of the alleged occurrence deceased was
sleeping with other family members of the house in a room and in the
morning she was found dead and after that female members of the
house informed the petitioner about death of the deceased and after
that proper information regarding death of the deceased was given to
her natal people.
On the other hand, learned Addl. Public Prosecutor pointed
out that no information regarding death of the deceased was given to
her natal place and subsequently, petitioner and other accused tried to
disposed of dead body of the deceased in a very haste manner and
apart from this, there is specific allegation of torturing as well as
illegal demand against the petitioner.
Taking into consideration the above stated facts and
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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 Sessions Trial no. 371/2010 arising out of
Vaishali (Belser OP) P.S. Case no.200/2009 pending in the court of
the Addl. Sessions Judge II, Vaishali at Hajipur stands rejected, at
least, at this stage.
However, the Addl. Sessions Judge II, Vaishali at Hajipur is
directed to conclude the trial of the petitioner within one year from the
date of receipt of this order and if the trial of the petitioner is not
concluded within the above stated period, the petitioner may renew his
prayer for bail before the trial court itself and the trial court shall pass
appropriate order in the light of observations given by this court
without being prejudiced by this rejection order.
shahid (Hemant Kumar Srivastava,J)