Dipu Alias Khatana Bhuiyan v. the State of Jharkhand
Case brief
What is this about?
Petitioner's bail application in murder case rejected due to direct allegation in FIR. Trial directed to conclude within six months after framing of charge; renewal of bail prayer permitted thereafter.
What did the court decide?
Prayer for bail rejected; trial expedited to conclude within six months after framing of charge; liberty to renew bail prayer after six months.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 644 of 2023
------Dipu @ Khatana Bhuiyan … …. Petitioner Versus The State of Jharkhand … …. Opp. Party --------
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
-------For the Petitioner : Mr. Binod Kr. Dubey, Advocate For the State : Mr. Achinto Sen, A.P.P. --------
Oral Order
02 / Dated : 13.02.2023
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner named above has been made accused in connection with Itkhori P.S. Case No. 95 of 2022 for the offence under Sections 302, 34 of the Indian Penal Code.
It is submitted by learned counsel for the petitioner that the incident took place at night and there was no eye witness to the incident. The informant himself has stated in the FIR that out of fear he did not come out and he did not witness the actual incidence and he came out to know from Basanti Devi who has also in her statement said that she had not seen the incident as she was inside the house. In the postmortem report, there was no ante-mortem injury. Death was caused due to drowning.
Issues for consideration
2 issues framed by the court
Whether the prayer for bail should be granted in a case under Sections 302 and 34 IPC.
Whether the trial court should expedite the trial.
Parties & counsel
- petitioner
Dipu @ Khatana Bhuiyan
- respondent
The State of Jharkhand
Coram
Gautam Kumar Choudhary
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · February
- Registered
- Case no.
- B.A./644/2023
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