The High Court refused bail to a petitioner charged with murder (Section 302/34 IPC) in a land dispute case resulting in death, considering the serious nature of the allegation and directing the trial court to conclude the trial within nine months.
Bail prayer refused; Trial Court directed to conclude trial within nine 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.3589 of 2017
Arising Out of PS.Case No. -264 Year- 2016 Thana -MARHAURA District- SARAN
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Narendra Kumar, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
Heard learned counsel for the petitioner and learned APP for the State.
2 21-02-2017
Petitioner is languishing in custody in connection with Morhowrah P.S. Case No. 264 of 2016 for the offence punishable under Section 302/34 of the Indian Penal Code, pending in the Court of Additional Chief Judicial Magistrate-II, Saran at Chapra.
According to F.I.R. for land dispute the petitioner assaulted with axe causing injury at the head of the father of the informant, who died on the way while being carried to the hospital.
The post mortem report is consistent with the prosecution allegation. Petitioner is in custody since 15.09.2016.
Patna High Court Cr.Misc. No.3589 of 2017 (2) dt.21-02-2017
2/2
Considering the nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail. The bail prayer of the petitioner is refused. The learned trial Court is directed to expedite the trial and conclude the same preferably within nine months from the date of receipt/production of a copy of this order.
(Birendra Kumar, J)
Mkr./-
U T
2 issues framed by the court
Whether to grant bail to the petitioner in a charge of murder and culpable homicide.
Whether to direct the trial court to expedite the trial.
1 provisions across 1 enactments
Congress Sah
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
