IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3201 of 2009 RAJA RAM SAH Versus STATE OF BIHAR ----------- 4 13.05.2010 The case is under Section 304(B), 307/34 IPC and 3/ 4 of the Dowry Prohibition Act. Heard. Petitioner is the husband of the deceased. Learned counsel for the petitioner submits that the bail prayer of the petitioner was earlier recalled twice by this Court, vide orders dated 4th November 2004 and 19th January 2006 under respective Cr. Misc. Nos. 26857 of 2004 and 44133 of 2005. Learned counsel submits that the petitioner’s complicity is alleged on the ground of dying declaration of the deceased, which is said to have been signed by the doctor of the Hospital where she died. But learned counsel continues to submit that as has also been discussed in this Court’s earlier order dated 4th November 2004 that the Doctor Shiv Nath Jha had stated before the I.O. that the victim was not in a position to give her statement and that the so called deceased’s statement was given by her sister and he was subsequently pressurized to sign that statement as that of the deceased. Learned counsel also submits that the doctor’s statement was also recorded u/s 164 Cr.P.C. during investigation. Learned counsel further submits that the petitioner is in custody since 20th May 2004 and, thus, he is going to complete six years of incarceration in a week, but the trial is still lingering and it has not been completed. After filing of this bail application, vide this Court’s order dated 12th August 2009, a report was called for from the trial court as to the stage of the trial and the probable time within which the trial is expected to conclude. The report has been received under letter dated 25th August 2009 and it is at Flag-A wherein the trial court has stated that the case was to conclude within two months. To-day a supplementary affidavit has been filed on behalf of petitioner and as also averred in the supplementary affidavit, it is submitted by the petitioner’s counsel that the case has not been disposed of till date. Thus considering the facts and circumstances of the case and also considering that the petitioner Raja Ram Sah is in custody since 20th May 2004 and that the trial is still lingering and there is no likelihood of its conclusion in near future he is admitted to bail on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 1st Addl. Sessions judge (Rohtas) Sasaram in S.T.No. 471 of 2005, arising out of Bikramganj P.S.Case No. 19 of 2004. Jay/ ( C. M. Prasad, J )