Bail application rejected in a case alleging dowry death. Court directed trial court to conclude trial within nine months, allowing renewal of bail prayer thereafter.
Bail application rejected. Trial directed to be concluded within nine months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5767 of 2015
Arising Out of PS.Case No. -185 Year- 2014 Thana -AKBARPUR District- NAWADA ====================================================== 1. Md. Sarfaraj Son of Khudus Miyan Resident of Village- Farha: Police Station- Akbarpur; District- Nawada. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kailash Nath Diwakar For the Opposite Party/s : Mr. Murlidhar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3 11-03-2015 Heard both sides. The petitioner seeks bail in Akbarpur P.S. Case No. 185 of 2014 registered under section 304(B)/34 of the Indian Penal Code. Petitioner is the husband of the deceased. The informant alleged that the petitioner killed his wife within two years of her marriage by strangulating her.
Mr. K.N. Diwakar learned counsel for the petitioner submits that there was no sign of strangulation and viscera was preserved. Petitioner is a grocery vendor and demand of dowry is palpably false. It appears that within two years of marriage the wife of the petitioner was killed inside the house and the petitioner did not offer any explanation about the death of his
Patna High Court Cr.Misc. No.5767 of 2015 (3) dt.11-03-2015
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wife. Hence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.
The trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt/production of a copy of this order. If the trial is not concluded within the stipulated time, the petitioner may renew his prayer for bail firstly before the trial court.
(Prabhat Kumar Jha, J)
M.Rahman/-
U T
3 issues framed by the court
Whether the bail application filed by the husband in a case of murder by strangulation should be accepted.
Whether the trial court must expedite the trial to a specific time limit.
Whether the allegation of dowry demand justifies setting the case apart.
Md. Sarfaraj
The State of Bihar
Prabhatar Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
