IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4057 of 2008 BAJARANGI MALI Versus THE STATE OF BIHAR ----------- 3 9.5.2008 Heard Counsel for the petitioner and the A.P.P. representing the State. This is an application for bail under Section 304B of the Indian Penal Code. The petitioner is husband. Counsel for the petitioner submits that such death of the petitioner’s wife was an accidental death inasmuch as she got the burn injury from stove while preparing food. He further submits that as a matter of fact, such stove and half boiled rice were also recovered from the house which would be indicative of the fact that this was an accidental death. Counsel for the State submits that the room in which such accident is said to have taken place does not demonstrate that any thing was being cooked or that the stove had burst which could led to such a burn injury on the person of the deceased. He further submits that the trial of this case is also going on and in fact as it would appear from the order of the trial court rejecting the bail of the petitioner that four witnesses have already been examined and only informant and investigating officer were left to be examined. 2 Considering the fact that the circumstance of the accident leading to the death of the deceased is not corroborated from the objective findings by the Police at the place of occurrence as also the trial against the petitioner is almost at the virtual completion, this Court is not inclined to grant bail to the petitioner who is the husband. In view of the fact that only two witnesses have remained to be examined, the Trial Court is directed to conclude the trial within a period of nine months from today. In the event, the trial court is not concluded within the aforementioned period, the petitioner will have the liberty to move the trial court and the trial court will be required to spell out the reasons as to why the trial has not been concluded within the aforementioned period and only thereafter, the petitioner may move this Court for bail. With the aforesaid observation and direction, this application is dismissed. Rsh (Mihir Kumar Jha, J.)