IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4680 of 2011 Samlesh Kumar Rai Versus The State Of Bihar ------- 08/ 10.08.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is husband of the informant and he is in jail custody since 7.11.2010 in connection with Phulwarisharif P.S. case no. 570/2010 registered under section 498A/34 of the IPC and 3/ 4 of the D.P. Act and subsequently charge sheet was submitted under section 498A of the IPC and the learned lower court has taken cognizance for the alleged stated offence. It would appear from perusal of the first information report that marriage of the petitioner had taken place with the informant on 20.4.2008 but subsequently, she was subjected to cruelty and harassment in both ways physically and mentally. It would further appear that father of the informant filed Complaint case no. 2447/2010 in the district of Chapra and on account of intervention of the court, the informant went along with the petitioner to her matrimonial home but the petitioner and the informant were not allowed to enter into the house and thereafter, the petitioner took a room on rent at Patna. It is alleged that on 5.11.2010 petitioner mercilessly assaulted the informant as a result of which she sustained injuries. It would further appear from para 26 of the case diary that when she was medically examined, the doctor found fracture of sixth right rib - 2 - of the informant. The contention of learned counsel for the petitioner is that aforesaid injury report has been made at the behest of the father of the informant and, as a matter of fact, informant did not sustain any injury. It is further contended by him that X-ray plates are not available on record and in absence of x-ray plates the genuiness of so-called injury report of the informant is doubtful. It is further contended by him that not a single prosecution witness has supported the story of assault. Although learned counsel for the petitioner tried to convince me about innocence of the petitioner but I am not at all convince with the submission. Accordingly, prayer for bail of the petitioner in connection with the above stated case stands rejected. However, the learned trial court is directed to expedite the trial of the petitioner and shall conclude the same as early as possible. It is made clear that the petitioner may avail the privilege given to an accused, in the Code of Criminal Procedure, if his trial is not concluded within the statutory period. shahid (Hemant Kumar Srivastava,J) -