IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39373 of 2009 RAM BILASH SAH, Son of Harihar Sah, R/O Village- Harahia, P.S. Siwaipatti, District-Muzaffarpur. Versus THE STATE OF BIHAR ----------- 2 16/11/2009 Heard counsel for the petitioner and counsel for the State. The petitioner is facing prosecution for the offence under sections 302/201/34 of the Indian Penal Code primarily on the material that he along with his parents had killed his wife, the deceased. Counsel for the petitioner would submit that not only prior information regarding death of the deceased given to the family members of the deceased, but noticing such discrepancies in the case diary, this Court had already directed for release of Harihar Sah, father of the petitioner, on bail on 15.1.2009 and he has subsequently been also acquitted of the charges on the basis of materials collected in course of investigation as also deposition of the witnesses who have not supported the case of the prosecution. This Court would find that there are four accused in this case and while father was made to surrender initially in the year 2008 itself, petitioner-husband had remained absconding and in fact had surrendered on 16.6.2009 after rejection of his prayer for anticipatory bail on 21.4.2009. True it is that the witnesses have not supported the entire allegation in the First Information Report and father of the 2 petitioner has been acquitted of the charges, but then the petitioner had remained absconding for a period over one year despite being named in the First Information Report before his surrender. Had the petitioner surrendered in time trial against him also could have been completed. The prosecution cannot afford repeated trials on account of surrender/arrest of the accused persons in installment. Thus, it is the conduct of the petitioner which would make him disentitled for grant of bail for the present. The trial court is accordingly directed to ensure that trial of the petitioner is taken up and is concluded within a period of six months from the date of receipt/production of a copy of this order. If trial of the petitioner is not concluded within the aforementioned period of six months the petitioner will have liberty to move the trial court which will be under obligation to record reasons for not concluding the trial and only thereafter the petitioner may renew his prayer for bail before this Court. Abhay Kumar (Mihir Kumar Jha, J.)