IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12039 of 2011 Upendra Thathera Versus The State Of Bihar ----------- 03/ 07.07.2011 Heard learned counsel for the petitioner as well as learned Addl. P.P. for the State assisted by learned counsel for the informant. Petitioner is languishing in jail custody since 27.7.2010 in a case registered under sections 498A, 304B/34 of the IPC. Petitioner is husband of the deceased. There is allegation that he along with his other family members committed the murder of his wife on account of non-fulfilment of demand of dowry. The contention of the learned counsel for the petitioner is that demand of dowry is not specific against the petitioner and as per prosecution case itself, it was mother of the petitioner who did not allow the informant to meet with his daughter. It is further contended by him that the deceased committed suicide and after aforesaid incident information regarding death of the deceased was immediately given to the informant and after that informant came at the house of the petitioner. It is further contended by him that the factum of suicide, prima facie, proves by this circumstance that when informant visited at the house of the petitioner, dead body of the deceased was found lying in the house of the petitioner. Although learned counsel for the petitioner tried to convince me about innocence of the petitioner but post mortem report of the deceased reveals that several injuries were found on the person of the deceased and the aforesaid circumstance supports the allegation levelled against the petitioner. 2 Accordingly, I do not feel it proper to release the petitioner on bail and hence, his prayer for bail in connection Sessions Trial no. 1855/2010 arising out of Masaurhi P.S. Case no. 195/2010 pending in the court of Fast Track Court No. II, Patna stand rejected. However, as the petitioner is in jail custody since 27.7.2010, the learned trial court is hereby directed to conclude the trial of the petitioner within one year from the date of receipt of this order. It is made clear that if the trial of the petitioner is not concluded within the above stated period without any fault of the petitioner, the learned trial court shall release the petitioner on bail on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to his satisfaction. Let this order be communicated to the court of Fast Track Court No. II, Patna in connection Sessions Trial no. 1855/2010 arising out of Masaurhi P.S. Case no. 195/2010 through FAX at the cost of the petitioner. shahid (Hemant Kumar Srivastava,J)