IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42320 of 2009 RAM NARESH SINGH @ NARESH SINGH, Son of Late Ramashish Singh, resident of village Chhauriya, P.S. Belachhi (Barh), District Patna Versus STATE OF BIHAR ----------- 2. 8.12.2009 Heard counsel for the petitioner and the counsel for the State. The petitioner, father-in-law, facing prosecution for offence u/ss 304B/201 I.P.C. with an allegation of committing mental and physical cruelty for getting more of dowry has a defence that now when the husband, son of the petitioner, has been acquitted of the charges in the same case, it would be futile to keep the petitioner, an old man aged about 76 years, in custody. True it is that the son of the petitioner Shailendra Singh, the husband, normally presumed to be the main accused for offence u/s 304B I.P.C. has been acquitted of the charge by a judgment of the trial court dated 7th December, 2006 but then this Court would find that the petitioner though also named as a co-accused in the F.I.R. filed in the year 2004 and thus required to remain present before the court so that his trial could have also concluded, had remained absconding for a period of five 2 Surendra/ years. On that ground above he would not be entitled for grant of bail to his ailing wife, the mother-in-law can also not lead to release of the petitioner on bail. The petitioner is in custody since 29.1.2009 and in the segregated trial charges have already been framed against him and therefore, this Court would direct the trial court to ensure that the trial of the petitioner is taken out of turn and concluded expeditiously preferably within a period of six months from the date of receipt/ production of a copy of this order. If the trial of the petitioner would not be concluded in the aforementioned period of six months, the petitioner will have the liberty initially to move the trial court which then would give its reason for not concluding the trial, whereafter the petitioner may renew his prayer for bail before this Court. With the aforementioned observations, this application is dismissed. (Mihir Kumar Jha,J.)