IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33251 of 2010 SHAMBHU RAJAK Versus STATE OF BIHAR 5 07.12.2010 Heard learned counsel for the petitioner as well as learned counsel for the state assisted by learned counsel for the informant. Petitioner, Shambhu Rajak seeks bail in connection with Daudnagar P. S. Case No. 191/09 registered under sections 304B, 201, 120B/34 of the of the Indian Penal Code. Admittedly, the petitioner is husband of the deceased and the marriage of the deceased had taken place on 29.05.2003 with the petitioner but subsequently, the deceased filed Criminal Case against the petitioner as well as his other family members. It is also admitted position that the aforesaid Criminal Case was ended in compromise and the deceased again went to her in-laws’ house but allegedly, she was burnt to death by the petitioner and his other family members on 17.08.2009. Not only the witnesses have supported the prosecution story but some objective features in support of the prosecution case were also found at the place of occurrence when the I.O. visited the place of occurrence which is evident from para-56 of the case diary. Learned counsel for the petitioner refers paragraph- 101 of the case diary and submits that Dy S.P. found the case - 2 - true under section 306 of the Indian Penal Code and, as a matter of fact, the deceased committed suicide on account of some family feud, but I am not at all convinced with the submission of learned counsel for the petitioner because admittedly, the police after due investigation, submitted charge sheet under section 304B of the Indian Penal Code. In the aforesaid circumstances, prayer for bail on behalf of the petitioner, Shambhu Rajak stands rejected. However, the petitioner is in jail custody since 28.08.2009, the learned Chief Judicial Magistrate, Aurangabad is directed to commit the case of the petitioner to the court of sessions if the case of the petitioner has not been committed to the court of sessions as yet and after commitment, the learned Sessions Judge shall proceed with the trial of the petitioner and shall dispose of the trial of the petitioner within 9 months from the date of commitment. Furthermore, if the trial of the petitioner is not concluded within the above-said period, the petitioner may renew his prayer for bail. AKV/- (Hemant Kumar Srivastava,J.)