High Court Patna High Court - Orders

Sanjay Choudhary vs The State Of Bihar on 17 August, 2011

Patna High Court – Orders
Sanjay Choudhary vs The State Of Bihar on 17 August, 2011
                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Criminal Miscellaneous No.6943 of 2011
                                       Sanjay Choudhary
                                             Versus
                                      The State Of Bihar
                                            --------

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)