The Patna High Court refused bail to a petitioner accused of dowry death and culpable homicide. Noting the post-mortem suggested poisoning, the court directed the trial court to expedite the trial and conclude it within nine months.
Bail refused; trial to be concluded within nine months.
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Patna High Court Cr.Misc. No.28748 of 2012 (8) dt.21-01-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28748 of 2012
====================================================== Md Akbar Khan, son of Late Md. Jakir Khan, Resident of sultanpur, P.S. Amarpur, District- Banka. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 8 21-01-2013 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Amarpur P.S. Case No. 137 of 2011 registered under Sections 304B/34 of the Indian Penal Code. The marriage of the victim with the petitioner was solemnised about six years back and there is allegation of demand and subjecting cruelty against the petitioner. However, post mortem report of the victim suggests there were multiple injury and death has been caused by suspected poisoning. However, the petitioner is husband of the deceased. Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. However, the trial court is directed to expedite the trial and concluding the same preferably within a period of nine months.
m.p.
(Gopal Prasad, J)
2 issues framed by the court
Whether the petitioner is entitled to bail in a charge of dowry death and culpable homicide not amounting to murder.
Whether the trial court should expedite the trial given the evidence suggests poisoning rather than injuries.
1 provisions across 1 enactments
Md Akbar Khan
The State of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
