IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.358 of 2011 Subodh Yadav Versus The State Of Bihar ---------------------------------- 6 09-09-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. Petitioner is in jail custody since 05.03.2010 in connection with Chhatapur P.S. Case No. 14 of 2010 registered under sections-302, 201/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act. Though there is specific allegation in the written report of the informant that the marriage of the deceased had taken place three years ago and she died within three years of her marriage and furthermore, there was allegation of demand of dowry against the petitioner and his other family members, but no case has been instituted under Section-304(B) of the Indian Penal Code. Learned counsel for the petitioner submits that after great efforts of this court, the postmortem report of the deceased could be obtained and learned Additional Sessions Judge, Supaul has reported vide his letter dated 16.08.2011 that the aforesaid postmortem report of the deceased was produced in his office by the I.O. on 16.08.2011 but it is not clear from the record nor from the report of the Additional Sessions Judge, Supaul as to 2 under which circumstances, the I.O. did not produce the postmortem report of the deceased prior to 16.08.2011. It is further contended by learned counsel for the petitioner that in course of investigation, witnesses have stated that the deceased committed suicide on account of family feud. Taking into consideration the above-said facts and circumstances as well as submission of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Sessions Trial No. 235 of 2010 arising out of Chhatapur P.S. Case No. 14 of 2010 pending in the court of Additional Sessions Judge, Supaul is, hereby, rejected, at least, at this stage. However, learned Additional Sessions Judge, Supaul is, hereby, directed to conclude the trial of the petitioner within seven months from the date of receipt of this order. If the trial of the petitioner is not concluded within the above-said period, the petitioner may renew his prayer for bail in the court below itself. Let a copy of this order be sent to Superintendent of Police, Supaul to inquire into the role of I.O. of Chhatapur P.S. Case No. 14 of 2010. The Superintendent of Police, Supaul after conducting an inquiry in respect of the role played by the I.O. in the above-said case, shall submit a report to Additional Sessions Judge, Supaul. Let the copy of this order be communicated to 3 the court of Additional Sessions Judge, Supaul in connection with Sessions Trial No. 235 of 2010 arising out of Chhatapur P.S. Case No. 14 of 2010 through fax at the cost of the petitioner. AKV/- ( Hemant Kumar Srivastava,J.)