The Patna High Court rejected the petitioner's application for regular bail in a dowry death case despite alleged compromise, citing the serious nature of the allegations. The court ordered the trial court to expedite the trial within nine months.
Regular bail application rejected; trial directed to be concluded within nine months.
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Patna High Court Cr.Misc. No.31374 of 2017 (3) dt.04-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31374 of 2017
Arising Out of PS.Case No. -74 Year- 2012 Thana -KATEYA District- MUZAFFARPUR
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.... .... Petitioner/s
Versus .... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Jyotsna Rani Mishra For the Opposite Party/s : Mr. Sri Lalan Kumar
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 04-08-2017 The petitioner seeks regular bail in connection with Kathaiya P.S. Case No. 74 of 2012, registered for offences punishable under Sections 304B, 201/34 of Indian Penal Code.
Allegation against the petitioner, who is husband of the deceased is of causing dowry death of the deceased.
It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and no specific allegation has been made and further the deceased is still traceless. It has also been submitted now the matter has been compromised between the parties as the informant has realized that he has filed the case due to mistake and has also filed a petition in the court below. Further petitioner has been in judicial custody since 15.03.2017
Learned counsel for the State opposed the prayer for bail.
Patna High Court Cr.Misc. No.31374 of 2017 (3) dt.04-08-2017
Having heard both sides, considering the fact and circumstances of the case and serious nature of allegation, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.
However, the trial court is directed to expedite the commitment of the case and after commitment conclude the trial as soon as possible, preferably, within a period of nine months.
(Vinod Kumar Sinha, J)
sunil/-
U T
2 issues framed by the court
Whether the petitioner is entitled to grant of regular bail in a dowry death case under Section 304B IPC.
Whether the trial court should expedite the trial in serious criminal cases.
Pramod Mahto
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
