Bail petition rejected at concluding stage of trial under Section 304B IPC without concluding law.
Prayer for bail rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.2462 of 2016
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Ramjiya Bauwrey …Petitioner. Versus State of Jharkhand …Opp.Party --------CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA --------- For the Petitioner : M/s. H.P.Singh, Advocate. For the State : APP. --------- 06/16.08.2016 Petitioner is an accused for the offence registered under Section 304B IPC.
Learned counsel for the petitioner has submitted that petitioner has been falsely implicated merely on suspicion. That the independent witnesses namely, P.Ws.1 and 2 have been examined and they have categorically stated that the deceased had inadvertently consumed pesticide instead of cough syrup and the petitioner was not present in the house at the relevant time and he had come along with other witnesses and taken her to the doctor. That the viscera of the deceased was sent to the Forensic Science Laboratory but the report has not been received till date. It is submitted that the informant is intentionally avoiding appearance in the court. That the ingredient for the offence under Section 304B IPC is not made out. That there is no allegation of demand of dowry nor cruelty or torture against the petitioner.
Learned counsel for the State while opposing the prayer for bail has submitted that from the status report called for it would be evident that the trial will be concluded within three months.
Heard. Considering the fact that the trial is at the concluding stage hence, at this stage, I am not inclined to enlarge the petitioner on bail, accordingly the prayer for bail of the petitioner is hereby rejected.
As per the report of the trial court the trial should be concluded positively by November, 2016 and if the same is not concluded within the aforesaid period, the trial court shall consider the prayer for bail of the petitioner on the basis of the evidence of the witnesses examined during trial and pass necessary order on such terms and conditions which it deem fit and proper.
(Amitav K. Gupta, J.)
Biswas.
Ramjiya Bauwrey
State of Jharkhand
Amitav K. Gupta
As recorded by the court registry
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