The Patna High Court rejected the petitioner's repeated bail prayer under CrPC 439 and 440, holding that the serious nature of the allegations precluding a review of the earlier order.
The bail application was rejected; an expedited trial was directed.
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.8010 of 2016 Arising Out of PS.Case No. -56 Year- 2014 Thana -NAUGACHIA District- BHAGALPUR
====================================================== Raj Kishore Poddar, son of Ishwar Poddar, Resident of village-Makhatakia, P.S.- Naugachia, District- Bhagalpur .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. M. Dayal, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 02-03-2016
By way of the present application preferred under Sections 439 and 440 of the Code of Criminal Procedure, the petitioner has renewed his prayer for bail which was earlier rejected by this Court vide order dated 15.10.2014 passed in Cr. Misc. No. 35871 of 2014.
It is contended that though the petitioner is in custody since 07.06.2014 but, till date, only three prosecution witnesses have been examined during trial.
Be that as it may, regard being had to the serious nature of allegation that the petitioner set his wife ablaze after pouring kerosene oil on her body, I am not inclined to review
Patna High Court Cr.Misc. No.8010 of 2016 (2) dt.02-03-2016
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my earlier order. Accordingly, the application for bail is rejected.
The court below is directed to expedite the trial and
conclude the same as early as possible.
(Ashwani Kumar Singh, J.) Sanjeet/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail after his earlier bail application was rejected in similar circumstances?
Whether the serious nature of the allegation (arson/setting wife ablaze) precludes the granting of bail?
2 provisions across 1 enactments
Raj Kishore Poddar
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
