Held in bail application regarding murder charges, the Patna High Court rejected the prayer for bail due to gravity of offence, directing the trial court to expedite the trial within six months.
The application for bail stands rejected and the trial court directed to expedite the trial to conclude within six months.
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.
Patna High Court Cr.Misc. No.27838 of 2015 (3) dt.15-10-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27838 of 2015 Arising Out of PS.Case No. -166 Year- 2013 Thana -IMAMGANJ District- GAYA ====================================================== Chandu Bhuiayan son of Late Takuri Bhuian, R/o village- Jhankpur Raniganj, P.S.- Imamganj, District- Gaya .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Javed Jafar Khan For the Opposite Party/s : Mr. Arun Kr.Singh 5(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 15-10-2015 Heard learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in connection with Imamganj P.S. Case No. 166 of 2013 registered for the offence punishable under Sections 302/201 of the Indian Penal Code.
Allegedly, the petitioner pushed the wife of informant from the bridge of Morhar river resulting she fell down in the river and thereafter, the petitioner also jumped from the bridge and after pressing her neck killed her.
Submission is of false implication and that the informant is not the eye witness, as a matter of fact there was quarrel between the informant and his wife and then she committed suicide and due to enmity the informant implicated the petitioner to which learned APP opposes by submitting that eye
Patna High Court Cr.Misc. No.27838 of 2015 (3) dt.15-10-2015
witness Vijay Sao in paragraph 7 of the case diary has seen the petitioner killing the deceased.
In the facts and circumstances stated above, this Court
is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected.
However, considering the period of detention the trial court is directed to expedite the trial and conclude the same as early as possible, preferably within six months.
(Jitendra Mohan Sharma, J)
avin/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a murder case.
Whether the trial court should expedite the trial given the period of detention.
1 provisions across 1 enactments
Chandu Bhuiayan
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
