Released on bail in P.S. Case under S. 304-B IPC and Dowry Prohibition Act after noting delay in exhausting witnesses despite earlier directions to expedite trial. Bail bond of Rs. 10,000 with two sureties.
Release of petitioner on bail bond of Rs. 10,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 20851 of 2015
Arising out of P. S. Case No. - 229 Year - 2012 Thana - CIVIL LINE District - GAYA
====================================================== Ahijeet Kumar @ Santu Sharma, Son of Ashok Kumar, Resident of Mohalla - Nawagarhi, Police Station - Civil Lines, District - Gaya .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Shri S.R.P. Baxi Sinha, Sr. Advocate Mr. Mrigendra Pratap Singh For the Informant : Mr. Dharmendra Kumar Raju, Advocate For the State : Mr. Parmeshwar Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER
Heard learned counsel for the petitioner and learned counsel for the State.
This is a petition for grant of regular bail in a case under Sections 304-B, 201/34 of the Indian Penal Code as well as Sections ¾ of the Dowry Prohibition Act.
The prayer for bail on behalf of the petitioner was earlier rejected vide order dated 15.03.2013 passed in Cr. Misc. No. 49432 of 2012 with a direction to expedite the trial preferably within one year.
Again prayer for bail on behalf of the petitioner was rejected vide order dated 17.09.2014 passed in Cr. Misc. No. 15094 of 2014 with a direction to the trial Court to expedite the trial and take all coercive steps against the witnesses and the
Patna High Court Cr.Misc. No.20851 of 2015 (2) dt.27-04-2016
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informant shall co-operate in the conduct of the trial and exhaust all witnesses within six months.
However, it is submitted that the Investigating
Officer and the Doctor are yet to be examined.
Hence, having regard to the fact that even the witnesses have not been exhausted within the stipulated time and the petitioner is in judicial custody since 06.08.2012, the petitioner, above named, is ordered to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Ad hoc Additional District & Sessions Judge-8th , Gaya in connection with S.Tr. No. 56 of 2014/536 of 2013 arising out of Civil Lines P.S. Case No. 229 of 2012, subject to the condition that the petitioner will appear in the case on each and every date fixed by the Court below and any absence of the petitioner shall be subject to the satisfaction of the Court below on reasonable grounds.
(Gopal Prasad, J)
Kundan
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail in view of the non-exhaustion of witnesses within the stipulated time?
What are the conditions for the grant of bail to the petitioner in the underlying triable cases?
Arijeet Kumar @ Santu Sharma
The State of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
