Awdhesh Ram v. The State Of Bihar
Case brief
What is this about?
This order grants bail to the petitioner, Awdhesh Ram, in a trial involving offences under Sections 498A, 304B and 201 of the IPC. The High Court approved the release based on the lack of further prosecution witnesses and unfavourable testimonies, subject to personal attendance.
What did the court decide?
Release on bail on furnishing bonds of Rs. 10,000 with two sureties, provided the petitioner attends the trial.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34434 of 2012
====================================================== Awdhesh Ram S/O Suresh Ram R/O Village - Shivdeshpur, Police Station - Katra, District - Muzaffarpur .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 04. 23-01-2013 Heard Mr. Kailash Nath Diwakar, learned counsel appearing for the petitioner and learned counsel for the State.
The petitioner is in custody in connection with Sessions Trial No. 504 of 2011 arising from Katra P.S. Case No. 123 of 2010 for offence punishable under Sections 498(A), 304(B) and 201 of the Indian Penal Code.
Considering that the petitioner was the husband of the victim girl who had died within seven years of marriage, this Court while considering his prayer in Criminal Misc. No. 28030 of 2011 had rejected the same vide order passed on 04.01.2012. The prayer has been renewed by way of the present application.
Learned counsel with reference to the order passed by the trial court dated 12.06.2012 has submitted that of the six prosecution witnesses none of them has supported the case of the prosecution. It is further submitted that since thereafter the prosecution has failed to bring forward any further witness.
Patna High Court Cr.Misc. No.34434 of 2012 (4) dt.23-01-2013
2
A report was called for from the trial court and which was received under letter dated 11.10.2012 with the position remaining the same and even until the said date only, six witnesses had been examined with Bailable warrants being issued for ensuring the presence of the remaining witnesses. Mr. Diwakar, learned counsel for the petitioner submits that the situation has not changed even today and the petitioner by virtue of his status remains in custody.
Issues for consideration
2 issues framed by the court
Whether the petitioner should be released on bail given the failure of prosecution to examine remaining witnesses and the lawyer's submission that defense witnesses were unfavourable.
Whether the petitioner's custody should be lifted under the specified conditions.
Parties & counsel
- petitioner
Awdhesh Ram
- respondent
The State of Bihar
Coram
Jyoti Saran
Case details
As recorded by the court registry
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