IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31437 of 2010 PINTU SINGH @ MANGAL SINGH S/O RAMBALI SINGH @ BALIRAM SINGH R/O VILLAGE- AMBA, P.S. RAHUIE, DISTRICT-NALANDA……..PETITIONER Versus STATE OF BIHAR……………OPPOSITE PARTY ----------- 04 13.12.2010 Heard Sri Dhuruv Mukherjee, learned counsel for the petitioner and Smt. Indu Bala Pandey, learned Additional Public Prosecutor appearing on behalf of the State. The petitioner, who is in custody in Sessions Trial No. 572 of 2010 arising out of Rahuie (Bhagan Bigha) P.S. Case No. 73 of 2007 for the offences under Sections 304B, 201 and 34 of the Indian Penal Code read with Section 3 & 4 of the Dowry Prohibition Act, has prayed for grant of bail. Learned counsel for the petitioner submits that in this case almost all accused persons have been extended the privilege of bail and petitioner is in custody since the month of January, 2010. It was submitted that there was general and omnibus allegation. Learned counsel for the petitioner, while referring to Annexure-2 to the petition, submits that some of the witnesses have filed a petition before the Chief Judicial Magistrate and it was indicated that without recording their statement, the Police had shown their statement under Section 161 of the Code of Criminal Procedure. It was further submitted that no independent witnesses had corroborated the allegation. Learned Additional Public Prosecutor while opposing the prayer for bail, submits that petitioner was the husband of the deceased and in this case there is allegation that deceased was 2 firstly strangulated and thereafter his body was put on fire in the house and finally body was disposed of within thousand yard of the house. It has further been submitted that F.I.R. was lodged in the year 2007 and the petitioner has surrendered only in the month of January, 2010. Keeping in view of the fact that the petitioner was husband of the deceased and nature of allegation as well as the fact that he appeared in this case in 2010 whereas F.I.R. was lodged in the year 2007, the Court is not inclined to extend the privilege of bail. It appears that now the case is pending before the trial Court. Prayer for bail stands rejected. Keeping in view, the fact that petitioner is in custody since the month of January, 2010, it is desirable to direct the court below to proceed with the case expeditiously so that it may come to its logical end without unnecessary delay. Shahzad (Rakesh Kumar, J)