The Patna High Court refused bail to the petitioner in a suicide case involving a sister of the informant. The court noted that trial evidence was six months away from conclusion and directed the trial to proceed expeditiously.
Bail prayer refused; trial directed to proceed expeditiously on day-to-day basis.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41147 of 2012
====================================================== Attaul Haque @ Attaullah @ Ataul Haque @ Ataullah, Son of Late Sadique Mian .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 6 02-04-2013 Perused the report received from the Forensic Science Laboratory, Patna. Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary.
The petitioner, who is languishing in custody, seeks bail in a case registered under Sections 304(B)/34 of the Indian Penal Code, is one of the named accused in this case being husband of deceased sister of the informant, who died under unnatural circumstances within a year of her marriage after suffering for certain demands.
Submission is of false implication and the deceased herself in a petty dispute committed suicide by consuming poisonous substance. The Forensic Science Laboratory report received also supports the death of the deceased due to poisonous substance.
Having regard to the facts and circumstances of the case including the submission made on behalf of the informant that the trial has already commenced and well within a period of six months the prosecution shall conclude the evidence on their behalf, for the present, prayer for regular bail of the above named petitioner, in connection with Nabinagar P.S. Case
Patna High Court Cr.Misc. No.41147 of 2012 (6) dt.02-04-2013
2
No. 70 of 2012, pending in the court of learned Chief Judicial Magistrate, Aurangabad (Bihar), is hereby, refused.
Simultaneously, the trial court is directed to proceed expeditiously, avoid undue delay and adjournments and taking advantage of the undertaking given by the prosecution may proceed on day to day basis.
(Akhilesh Chandra, J)
Praveen-II/-
1 issue framed by the court
Whether bail should be granted to the petitioner in the present stage of the trial considering the submission of false implication and speedy conclusion of evidence.
Attaul Haque
The State Of Bihar
Akhilesh Chandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
