High Court of Patna rejected bail for the petitioner in a torture case involving the death of his wife after his wife died within two years of marriage. Bail may be renewed if trial exceeds seven months post-charge framing.
Bail rejected; petitioner allowed to renew prayer after seven months if trial pending.
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Patna High Court Cr.Misc. No.15886 of 2015 (4) dt.11-09-2015
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15886 of 2015
Arising Out of PS.Case No. -117 Year- 2014 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== 1. Ram Pravesh Rai @ Bhulten Rai Son of Singheshwar Rai resident of village - Runnisaidpur - Purwari Tola, P.S. Runnisaidpur, District - Sitamarhi .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Syed Ehteshamuddin For the Opposite Party/s Mr. Indra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
04/ 11.09.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Petitioner happens to be husband of the deceased who died within two years of her marriage in other than normal circumstance. There is allegation that the petitioner used to make demand of motorcycle and due to non-fulfillment of the aforesaid demand, he used to torture the deceased.
Regard being had to the facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Runnisaidpur P. S. case no. 117/2014 pending in the court of the Chief Judicial Magistrate, Sitamarhi stands rejected, at least, at this stage.
However, if trial of the petitioner is not concluded within seven months from framing of the charge, petitioner may renew his
Patna High Court Cr.Misc. No.15886 of 2015 (4) dt.11-09-2015
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prayer for bail before the trial court itself.
shahid
U T
(Hemant Kumar Srivastava,J)
1 issue framed by the court
Whether to grant bail to the petitioner accused of torture leading to the death of his wife in connection with PS Case No. 117/2014.
Ram Pravesh Rai @ Bhulten Rai
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
