IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21520 of 2011 Upendra Rai, S/O-Late Horil Rai Versus The State Of Bihar ----------- 04 27.09.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being husband of the deceased is languishing in jail custody since 05.12.2010 in a case registered under Sections 304 (B)/34 of the Indian Penal Code. Admittedly, the marriage of petitioner had taken place one year prior to lodging of the present case and in course of investigation all the natal people of the deceased have stated about the illegal demand as well as torturing by the petitioner and his other family members. In post-mortem examination, the cause of death is said to be asphyxia. Considering the aforesaid facts and circumstances as well as submissions of the parties, I do not feel it proper to release the petitioner on bail. Accordingly, his prayer for bail in connection with Mahua P.S. Case No. 367 of 2010 pending in the court of Chief Judicial Magistrate, Vaishali at Hajipur is, hereby, rejected. It appears from perusal of prayer portion of this petition that the case of this petitioner is still pending in the court of Chief Judicial Magistrate, Vaishali at Hajipur. The Chief Judicial Magistrate, Vaishali at Hajipur is directed to commit the case of the petitioner to the court of Sessions in accordance with 2 law within 15 days from the date of receipt of this order and after that the trial court shall conclude the trial of the petitioner as early as possible. SHAHZAD ( Hemant Kumar Srivastava, J.)