The Patna High Court rejected the petitioner's bail application in a murder case, noting he has not been produced and charges not framed. The court directed the trial court to conclude the trial within one year.
Bail prayer dismissed; trial directed to conclude within one year.
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.37131 of 2017
Arising Out of PS.Case No. -12 Year- 2016 Thana -GARDANIBAGH District- PATNA
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.... .... Petitioner Versus 1. The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Indra Mohan Kumar For the Opposite Party/s : Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 22-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case instituted under Sections 302/34 of the Indian Penal Code.
It is alleged that the petitioner has solemnized his marriage with the daughter of the informant but he had illicit relation with his aunt and for the said reason, the petitioner always used to assault the deceased and on 15.01.2016, the deceased was killed by the petitioner along with his relatives.
Earlier the bail application of the petitioner was rejected vide Annexure-1 to the present application, taking into account that the petitioner is husband of the deceased. The onus is on him to explain the cause of the death of the deceased.
Patna High Court Cr.Misc. No.37131 of 2017 (3) dt.22-11-2017
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A report was called for from the trial Court regarding the stage of the case. It has been reported that the petitioner has not been produced from the jail, hence the charge has not yet been framed.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with S. Tr. No. 494/2016, arising out of Gardanibagh P.S. Case No. 12/2016, pending in the court of learned Additional Sessions Judge-X, Patna.
The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of one year from the date of receipt of production of copy of this order.
The District Magistrate, Patna and the Senior Superintendent of Police, Patna are directed to ensure that the prosecution witnesses are produced in the court on the date fixed by the court below, so that the trial could be concluded within the stipulated period.
Let a copy of this order be communicated to the District Magistrate, Patna and the Senior Superintendent of Police, Patna.
(Sudhir Singh, J)
Amit/U T
2 issues framed by the court
Whether bail should be granted to the petitioner charged with murder.
Whether the trial court is directed to conclude the trial within a stipulated period.
1 provisions across 1 enactments
Dilip Kumar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
