In a bail application under Section 304B and 201/34 IPC regarding a dowry death case, the Patna High Court declined to interfere with the detention of the petitioner, noting the trial was at an intermediate stage.
Application disposed of; no bail granted; trial court directed to conclude trial expeditiously.
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.38716 of 2014
Arising Out of PS.Case No. -133 Year- 2011 Thana -HAJIPUR District- VAISHALI (HAJIPUR) ====================================================== Shankar Mahto Son of Late Fudani Mahto Resident of village- Jajpur, P.S.Mahnar, District- Vaishali. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Anita Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 06-05-2015 The petitioner being the husband of the victim has renewed his prayer for bail in Hajipur Town P.S. Case No. 133 of 2011 (Sessions Trial No. 264 of 2012) registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code. Petitioner is languishing in custody since 20.07.2011. The accusation is of killing the daughter of the informant within two years of the marriage for non-fulfillment of the dowry demand.
The report of learned Additional Sessions Judge-II, Vaishali at Hajipur dated 28.02.2015 reflects that five prosecution witnesses including the I.O. have already been examined and only two charge-sheeted witnesses are left to be
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examined. The further report of learned Additional Sessions Judge-II, Vaishali at Hajipur dated 16.03.2015 reflects that one of the I.Os. and only left over independent witness have been examined. The report of S.P., Vaishali dated 24.03.2015 reflects that all the three I.Os. have already been examined.
Considering the present stage of the trial, this Court is not inclined to interfere. Accordingly, this application is disposed of.
It is expected from the learned trial court to
conclude the trial expeditiously.
(Dinesh Kumar Singh, J)
DKS/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner at the present stage of trial.
Shankar Mahto
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
