IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1804 of 2009 Jiwachh Rai Son of Late Ajab Lal Rai, resident of Mohalla-Mahathi, Pachpaika, P.S.Ujiarpur, District-Samastipur ----- Petitioner Versus STATE OF BIHAR ----------- For the Petitioner : M/S S.N.P.Sinha, Sr.Advocate , and Mira Kumari For the State : Mr.Jharkhandi Upadhaya, A.P.P. ------------ O R D E R 3 16-04-2009 The petitioner, one of the named accused of Sessions Trial No.688 of 2008 arising out of Bibhutipur P.S. Case no.96 of 1995 registered under Sections 302, 120B and 201 I.P.C., is in custody since 4.7.2008 in connection therewith. According to the allegations contained in the written report of informant Upendra Rai, the marriage of his sister was solemnized with the petitioner some six years back but subsequently an illicit relationship developed between the petitioner and his aunt and in pursuance thereof, the sister of the informant was done to death and body was surreptitiously disposed of to screen the evidence. The submission advanced on behalf of the petitioner is that there is no eye witness to the occurrence and that the victim had died of snack-bite, which is supported by several witnesses whose statements are recorded in the case diary. It is also submitted that the information of the death was sent to the Naihar of the victim who came to attend the last rites and the story of murder has been cooked up. It was also submitted that Murti Devi , the aunt, with whom the petitioner is said to have developed illicit relationship has been - 2 - granted bail by the order dated 24.10.2008 passed in Cr.Misc.No.37370 of 2008. Be that as it may, it appears from the impugned order dated 14.11.2008 of the learned Additional Sessions Judge, Rosera where Sessions Trial is pending that the chargesheet had been submitted showing the petitioner as an absconder and it was only after his appearance and being sent to custody on 4.7.2008 that charges were framed on 24.10.2008 .The occurrence is said to have taken place on 4.8.1995 . In view of the fact that the petitioner has been absconding for 13 years, I am not inclined to enlarge him on bail at the present. His prayer for bail is accordingly rejected. However, he may renew his prayer for bail after one year in the event the Sessions Trial is not disposed of by that time. NKS/- ( Abhijit Sinha, J )