The Patna High Court rejected the petitioner's renewed bail application under Section 304B IPC, noting the prima facie truth of the case despite medical reports, while directing the trial court to expedite proceedings.
Prayer for bail rejected in S. Tr. No. 265 of 2014. Trial directed to be taken on priority basis.
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.50661 of 2014 (3) dt.07-01-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50661 of 2014
Arising Out of PS.Case No. -109 Year- 2013 Thana -BEUR District- PATNA ====================================================== 1. Kamlesh Rai son of Sri Asharfi Rai, resident of Village- Hulukpur, P.S.Beur, District- Patna .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rabi Bhushan Prasad No. 1 For the Opposite Party/s : Mr. Shailendra Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 07-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State. The petitioner has renewed his prayer for bail which was earlier rejected vide order dated 14.7.2014 passed in Cr. Misc. No. 16174 of 2014 on the ground that the witnesses have stated that the deceased committed suicide and the allegation of assault has not been supported in post mortem examination which fact has not been considered earlier, and as such on this ground he deserves sympathetic consideration to which the learned APP opposes by pointing out that after investigation the case has been found to be true under Section 304B of the Indian Penal Code.
Considering the submissions at the bar, after going through the case diary and supplementary case diary and noticing
Patna High Court Cr.Misc. No.50661 of 2014 (3) dt.07-01-2015
the allegation attributed against the petitioner to be serious in nature as the petitioner is the husband of the deceased, prayer for bail of the petitioner is again rejected in S. Tr. No. 265 of 2014 arising out of Beur P.S. Case No 109 of 2013.
However, the trial court is again directed to expedite the trial by taking the same on priority basis in view of amended provision of Section 309 Cr.P.C.
(Jitendra Mohan Sharma, J)
avin/-
U T
2 issues framed by the court
Whether the petitioner's renewed prayer for bail should be considered granted or rejected given that the allegation of assault on the deceased has not been supported by the post mortem report.
Whether the trial court is directed to expedite the trial in view of the amended provisions of section 309 of the Cr.P.C.
2 provisions across 2 enactments
Kamlesh Rai
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
