IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16756 of 2011 Amit Kumar Pandey Versus The State Of Bihar --------- 04/ 09.09.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner being husband of the deceased is in jail custody since 29.1.2011 in a case registered under sections 304B, 201/34 of the IPC. The contention of learned counsel for the petitioner is that in course of investigation, some witnesses have stated that on the alleged date of the occurrence, they heard cry of the petitioner and when they reached at the house of the petitioner they were informed by the petitioner that his wife had been caught in fire and thereafter the petitioner took his wife to Hathua hospital from where she was referred to Burn hospital, Patna for better treatment. It is also pointed out by him that in course of investigation, the Investigating officer verified the aforesaid fact and the Investigating officer has specifically written at para 56 of the case diary that the deceased was taken to Hathua hospital. It is also contended by him that the petitioner is an employee of the air force and, as a matter of fact, the deceased was caught in fire accidentally and subsequently, informant has lodged this case with the ulterior motive. Considering the above stated facts and circumstances as well as submissions of the parties, particularly, keeping in mind that the deceased died within seven years of her marriage in other than 2 normal circumstance and there is specific allegation of demand of dowry, I do not feel it proper to release the petitioner on bail, at least, at this stage. Accordingly, the prayer for bail of the petitioner in connection with Uchakagaon P.S. Case no. 03/2011 pending in the court of the Chief Judicial Magistrate, Gopalganj stands rejected. It appears from perusal of the prayer portion of the petition that case of the petitioner is still pending in the court of the Chief Judicial Magistrate, Gopalganj. The Chief Judicial Magistrate, Gopalganj is directed to commit the case of the petitioner to the court of Sessions in accordance with law within fifteen days from the date of receipt of this order and after commitment, the trial court shall conclude the trial of petitioner within nine months from the date of receipt of record of the petitioner in his court. It is made clear that if the trial of the petitioner is not concluded within the above stated period, the petitioner may renew his prayer for bail before the learned trial court itself. shahid (Hemant Kumar Srivastava,J)