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.)