IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25723 of 2009 VIJAY CHAUDHARY, son of Jagdish Choudhary @ Khatu Choudhary, resident of village Karichak, P.S. Birpur, District Begusarai Versus STATE OF BIHAR ----------- 4. 10.11.2009 Heard counsel for the petitioner and the counsel for the State. Taking into account that the allegation against the petitioner, younger brother of the husband of the deceased, is one u/ss 302, 498A, 201 I.P.C. and section 3/4 of the Dowry Prohibition Act with a specific case that even though it was elder brother of petitioner the husband who used to torture the deceased by demanding dowry by a sum of Rs. 5000/- none the less the petitioner with his parents had killed the lady and had surreptitiously removed the dead body and had creamed the deceased a mother of two children without informing her parents as also the fact that the petitioner despite being named accused in the F.I.R. drawn on 21.11.2007 had surrendered in the court only on 15.1.2009, this Court for the present is not inclined to grant bail to him. Accordingly, his prayer for bail is rejected. 2 As the petitioner has remained in custody for nearly ten months, this Court would direct the trial court to ensure that the trial of the petitioner, which was segregated only on account of his absconding for more than one year, is conducted and concluded expeditiously within a period of six months from the date of receipt/ production of a copy of this order. If the trial of the petitioner will not be concluded within the aforementioned period of six months, the trial court itself may enlarge the petitioner on bail provided that the delay in not concluding such trial is totally attributable to the prosecution. In that event the petitioner will be of course required to remain present in course of trial on day to day basis and his absence for two consecutive dates will lead to cancellation of his bail. With the aforesaid observations and directions this application is dismissed. (Mihir Kumar Jha,J.) Surendra/