In an oral order, the Patna High Court rejected the petitioner's bail application. The petitioner, husband of a deceased in a dowry-related case, was in custody. The Court noted he absconded for 15 years after chargesheet and refused bail.
Petition for bail dismissed; petitioner remains in custody.
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. 6995 of 2016
Arising Out of PS.Case No. -112 Year- 1998 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Chandra Bhushan Tiwari @ Bullet Tiwari Son of Sri Ramadhar Tiwari @ Sadhu Tiwari R/o village Khajuria, P.S. - Malahi, District - East Champaran. .... .... Petitioner Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. N.K.Agrawal, Sr.Adv. Mr. Nishant Kumar Jha For the Opposite Party/s : Mr. Madan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
3. 11-04-2016 Heard Sri N.K.Agrawal, learned senior counsel who was assisted by Sri Nishant Kumar Jha, learned counsel for the petitioner and Sri Madan Kumar, learned Addl. Public Prosecutor. The petitioner, husband of the deceased is in custody in Gobindganj P.S. Case No. 112 of 1998 registered for the offence under Sections 304(B), 201/34 of the Indian Penal Code, has prayed for grant of bail.
Learned counsel for the petitioner submits that at the time of occurrence, the petitioner was residing in Delhi and as such, there was no occasion for petitioner to participate in the occurrence. On aforesaid ground, a prayer has been for grant of bail.
Patna High Court Cr.Misc. No.6995 of 2016 (3) dt.11-04-2016
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However, on perusal of the material on record, it appears that F.I.R. was lodged in 1998, thereafter, chargesheet has been submitted against the petitioner, however; he remained absconder for a long period and after about 15 years, he was arrested.
In view of facts and circumstances, I am not inclined to grant bail.
The petition stands dismissed.
(Rakesh Kumar, J.)
Anay
U T
2 issues framed by the court
Whether bail should be granted to the petitioner who was an absconder for 15 years in a case involving sections 304(B) and 201 of the IPC in a matrimonial context.
Whether the petitioner's residence in Delhi at the time of occurrence negates the suspicion of involvement.
1 provisions across 1 enactments
Chandra Bhushan Tiwari @ Bullet Tiwari
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
