IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32223 of 2009 HARENDRA SAHNI @ SADHU, Son of Late Kant Sahni, resident of Village-Raksha Suritan Tola, Police Station-Karja, District-Muzaffarpur. Versus THE STATE OF BIHAR ----------- 2 10/9/2009 Heard counsel for the petitioner and counsel for the State. The Courts can never come to rescue of such persons like the petitioner who would venture to overreach the process of law. In this case the petitioner being named accused for an offence under section 307 of the Indian Penal Code has happily evaded his arrest for a period of more than four years and has sought shelter of the Court only when his wife, also an accused in the same case, was acquitted after facing trial. Submission of learned counsel for the petitioner that the petitioner was charge sheeted in the year 2008 and therefore he was not required to surrender earlier, has to be only noted for its being rejected. The petitioner was a named accused in a non bailable offence and as such he should have surrendered especially when he was aware of the fact that he is an accused in a case in which his wife was also accused and was facing trial. Considering all these aspects, this Court is not inclined to grant bail to the petitioner simply because he is in custody since 15.4.2009. At the same time the petitioner, facing prosecution under section 307 of the Indian Penal Code, should not be unnecessarily detained in custody if his trial has to commence and 2 concluded especially when one separated trial has already been concluded. That being so, this Court would direct the trial court to ensure that trial of the petitioner is concluded positively within a period of six months from today and in the event trial will not be concluded in the aforementioned period on account of any laches and lapses on the part of the prosecution, the petitioner, on completion of period of one year of his judicial custody, shall be released on bail by the trial court. With the aforesaid observations/directions this application is dismissed. Abhay Kumar (Mihir Kumar Jha, J.)