IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.12794 of 2011
Prem Sharma
Versus
The State Of Bihar
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03/ 18.07.2011 Heard learned counsel for the petitioner as well as learned
counsel for the State.
Petitioner is husband and is languishing in jail custody since
26.7.2010 in a case registered under section 304B/34 of the IPC.
According to the prosecution case, marriage of the
petitioner had taken place in the year 2006 but on 13.5.2010 dead
body of the deceased was found in the house of the petitioner and the
post mortem reveals that cause of death was asphyxia whereas there is
allegation of demand of dowry against the petitioner and others.
The contention of learned counsel for the petitioner is that at
the time of alleged occurrence petitioner was not present at his house
rather he was working at Gujrat and having got information regarding
death of his wife, he came and then he got knowledge about institution
of this case and surrendered before the court below.
Taking into consideration the aforesaid facts and
circumstances as well as submissions of the parties, I do not think it
proper to release the petitioner on bail. Accordingly, his prayer for
bail in connection with Sessions Trial no.42/2011 arising out of
Lalganj P.S. Case no. 108/2010 stands rejected.
However, the learned Addl. Sessions Judge II, Vaishali at
Hajipur is directed to expedite the trial of the petitioner and shall try to
conclude the same within one year from the date of receipt of this
order.
shahid (Hemant Kumar Srivastava,J)