Patna HC rejected bail for a husband accused of killing his wife based on eyewitness statements and a mother's deposition, directing the trial court to expedite proceedings.
Bail prayer rejected; Trial court directed to expedite petitioner's trial.
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Patna High Court Cr.Misc. No.20993 of 2012 (4) dt.04-10-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20993 of 2012
====================================================== Ram Bharosa Das .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 04.10.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Admittedly, petitioner is husband of the deceased and it would appear from perusal of paras 8 and 9 of the case diary that eyewitnesses claimed to have seen actual killing of the deceased. At para 9 of the case diary, statement of mother of this petitioner has been recorded and the aforesaid witness also stated that it was the petitioner who killed his wife.
Considering the aforesaid material as well as facts and circumstances, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Bodh Gaya (Cherki) P.S. Case no. 144/2010 arising out of Sessions trial no. 28/2011 pending in the court of Addl. Sessions Judge FTC No. III, Gaya is, hereby, rejected.
However, learned trial court is directed to expedite the trial
of the petitioner.
Shahid
(Hemant Kumar Srivastava,J)
2 issues framed by the court
Whether the petitioner should be released on bail given eyewitness testimony of his killing of the deceased.
Whether the trial court should expedite the trial proceedings.
Ram Bharosa Das
The State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
