In a matrimonial case involving offences under IPC 498A, 364, 34 and DP Act, the High Court refused bail to the petitioner who has been in custody for over a year. The court directed the trial court to expedite proceedings.
Bail prayer of the petitioner is refused at this stage. Trial court directed to expedite trial.
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.2753 of 2017
Arising Out of PS.Case No. -64 Year- 2015 Thana -JANDAHA District- VAISHALI(HAJIPUR)
====================================================== Chunnu Chaudhary @ Chunnu Kumar son Jai Chaudhary
| The State of Bihar ===================== |
.... .... Petitioner/s Versus .... .... Opposite Party/s ================================= |
|---|---|
| Appearance : | |
| For the Petitioner/s : | Mr. Bela Singh, Advocate |
| For the Opposite Party/s : ===================== |
Mr. Akshay Lal Pandit, APP ================================= |
| CORAM: HONOURABLE | MR. JUSTICE BIRENDRA KUMAR |
| ORAL ORDER |
Petitioner is languishing in custody in connection with Jandaha P.S. Case No. 64 of 2015 (S.T. No.117 of 2016) for the offences punishable under Sections 498A/364/34 of the Indian Penal Code and Section 3/4 of the D.P. Act pending in the Court of Additional Sessions Judge-VI, Vaishali.
The petitioner is husband of the victim girl Guddi Kumari. Guddi Kumari was married with the petitioner in the year 2010. Allegation is that the petitioner committed murder of Guddi Kumari for non-fulfilment of the dowry demand and disposed of the dead body.
Submission of the petitioner is that petitioner is in custody since 23.11.2015. Charge has already been framed in
Patna High Court Cr.Misc. No.2753 of 2017 (3) dt.15-03-2017
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this case. However, no prosecution witness is examined up till now.
Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The bail prayer of the petitioner is refused at this stage. If the trial is not concluded within six months from the date of receipt of a copy of this order, the petitioner may renew the prayer for bail. The learned trial Court is directed to expedite the trial and in no circumstance unnecessary adjournment be allowed in this case since the petitioner is in custody for more than one year.
(Birendra Kumar, J)
Mkr./-
U T
1 issue framed by the court
Whether the petitioner should be enlarged on bail in a case involving dowry death where no prosecution witness has been examined yet.
2 provisions across 2 enactments
Chunnu Chaudhary
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
