The Patna High Court rejected the petitioner's prayer to renew her bail application in a criminal trial arising out of assault allegations. The Court held there were no good grounds for reconsideration despite the delay and lack of post-mortem.
Prayer for bail stands rejected and trial is directed to be expedited.
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.32924 of 2016 (2) dt.24-08-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32924 of 2016 Arising Out of PS.Case No. -37 Year- 2015 Thana -BELCHHI District- PATNA
====================================================== 1. Shila Devi Wife of Late Binod Raut Resident of Jodhan Bigha, P.S.Belchhi, District- Patna. .... .... Petitioner Versus 1. The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Y. C. Verma, Sr. Advocate Mr. Ashok Kumar Kashyap For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 24-08-2016 Heard learned Sr. Counsel for the petitioner and learned counsel representing the State. The petitioner wants to renew her prayer of bail, which was earlier rejected vide order dated 08.03.2016 passed in Cr. Misc. No. 754 of 2016, on the ground that the petitioner is in custody since 13.08.2015 and in near future the trial is not likely to be concluded, the petitioner is a lady, there is no specific allegation against her rather allegation is against her and her son Vishal Raut for assaulting the deceased. No post mortem was done and in death certificate issued by Maa Tara Hospital the cause of death was cardiac respiratory arrest and only one head injury though that was grievous in nature was found on the person of the deceased.
Learned APP opposes the prayer of bail by
Patna High Court Cr.Misc. No.32924 of 2016 (2) dt.24-08-2016
submitting that the petitioner gave fatal blow on the head of her husband.
In the facts and circumstances stated above, at present, finding no good ground for reconsideration of prayer for bail of the petitioner, again her prayer for bail stands rejected. However, let the trial be expedited and concluded as early as possible, preferably within six months from the date of receipt/production of a copy of this order, failing which, if the petitioner at no fault, may renew her prayer for bail.
(Jitendra Mohan Sharma, J)
avin/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail given she is in custody since August 2015 and the trial is unlikely to conclude soon.
Whether the lack of a post-mortem report and the nature of the deceased's death justify reconsideration of the bail prayer.
Shila Devi
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
