The single-judge Bench held that bail shall not be granted to the petitioner charged with murder of his wife. The Bench also directed the trial court to expedite the trial.
Bail prayer rejected. Trial court directed to ensure expedition of trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14636 of 2013
====================================================== Sudama Rajbanshi S/O Late Jagdish Rajbanshi Resident Of Village- Biju Bigha, P.S.- Meskaur, Dist.- Nawada .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Birendra Kumar, Adv. For the Opposite Party/s : Mr. T.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 3 04-10-2013 Heard learned counsel for the parties. The petitioner faces prosecution for offence u/s 302 I.P.C. for killing his own wife and his only explanation is that since the petitioner has got five sons and one daughter, it was most unlikely that the petitioner himself could have done to death of his wife, the mother of his six children. Learned counsel for the petitioner in fact has submitted that the wife of the petitioner had died due to Cholera.
There is, however, nothing in the Case Diary and the learned counsel for the petitioner also failed to substantiate the aspect that after the wife of the petitioner had allegedly been suffering from Cholera, any effort was made by the petitioner in capacity of the husband who was also mother of his six children to save the life of his wife, the deceased. That apart, the dead body was already cremated without, informing the family
Patna High Court Cr.Misc. No.14636 of 2013 (3) dt.04-10-2013
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members at her naihar, whereafter the present case has been filed by the father of the victim lady. In that view of the matter, the case will be one of circumstantial evidence specially when it has come during the course of investigation that the deceased, the wife of the petitioner had become an obstacle for the petitioner because she was objecting to his illicit relationship with his own Bhabhi.
That being so, this Court is not inclined to grant bail to the petitioner, namely, Sudama Rajbanshi and the prayer of the petitioner for bail is accordingly rejected.
The trial court, however, is directed to ensure that the trial of the petitioner is expedited.
(Mihir Kumar Jha, J)
Rishi/-
2 issues framed by the court
Whether bail should be granted to the petitioner facing prosecution for murder.
Whether the trial should be expedited.
Sudama Rajbanshi
The State of Bihar
AH: Mihir Kumar Jha, J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
