The High Court of Patna dismissed an application for grant of bail to petitioners charged with murder and causing death under dispute over property. Despite claims of false allegation, bail was denied expediting trial direction given.
Bail application dismissed; trial expedited to conclude within seven months.
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.22406 of 2017
Arising Out of PS.Case No. -189 Year- 2014 Thana -MAIRWA District- SIWAN
======================================================
.... .... Petitioners
The State of Bihar
Versus .... .... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
4 07-07-2017 Heard learned counsel for the petitioners.
This is an application for bail in connection with Mairwa P.S.Case No. 189 of 2014 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.
Petitioners are named in the FIR and allegation is that they have assaulted causing death of the deceased.
It has been submitted on behalf of the petitioners that case diary clearly shows that allegation of causing death due to partition is false as property has already been partitioned. It has also been submitted that some of the witnesses have stated that death was caused and informant has participated in cremation and,
as such, the false and concocted case has been lodged.
Patna High Court Cr.Misc. No.22406 of 2017 (4) dt.07-07-2017
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Heard learned APP and learned counsel for the informant also. Learned counsel for informant has opposed the prayer for bail stating that petitioners were absconding in this case for a long period time and when informant approached the higher authority they have been arrested on the basis of statement of 10 years boy recorded under Section 164 Cr.P.C., as such, they do not deserve bail.
Having heard both sides and considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioners at this stage.
However, learned trial court is directed to expedite the trial and try to conclude the same within a period of seven months. If trial is not concluded within the said period, petitioners may renew their prayer for bail.
With the above observation, this application is dismissed.
(Vinod Kumar Sinha, J)
spal/-
U
2 issues framed by the court
Whether bail should be granted to petitioners charged under Section 302 and 201 IPC in connection with an assault causing death.
Whether the allegation of false case due to partition affects the grant of bail at this stage.
3 provisions across 1 enactments
Ram Chandra Ram and Another
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
