IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15209 of 2011
Sudarshan Singh @ Kachahari Singh
Versus
The State Of Bihar
----------------------------------
3 02-09-2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the state.
Petitioner is husband of the deceased and there is
allegation that he alongwith his other family members used to
torture the deceased on account of illegal demand of dowry and
subsequently, the petitioner and his other family members killed
the deceased and disposed of the dead body of the deceased.
Learned counsel for the petitioner submits that there is
nothing in the case diary to show this fact that the deceased
was subjected to cruelty by the petitioner or his family members
soon before her death and the dead body of the deceased has
not been recovered so, the cause of death of the deceased is
not established and, therefore, Section-304B of the Indian
Penal Code is not applicable in the present case. It is also
contended by him that the trial of the petitioner has already
begun.
Taking into consideration the facts and circumstances
of the case as well as submission of the parties, I am not
inclined to release the petitioner on bail, at least, at this stage.
Accordingly, prayer for bail of the petitioner in
connection with Bhabua (Sonhan) P.S. Case No. 147 of 2010
corresponding to Sessions Trial No. 344 of 2010 pending in the
-2-
court of Additional Sessions Judge (F.T.C. No.-I ), Bhabua is
hereby rejected.
However, the learned trial court is directed to expedite
the trial of the petitioner and dispose of the same preferably
within nine months from the date of receipt of the order.
It is made clear that if the trial of the petitioner is not
concluded within the above said period, the petitioner may
renew his prayer for bail in the learned court below itself.
AKV/- (Hemant Kumar Srivastava,J.)