Bail prayer by husband of deceased in murder case renewed. Court rejected it, citing seriousness of accusation, previous rejection, and evidence commencement, directing case disposal.
New bail prayer rejected; direction to trial court and prosecution for early disposal of case.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41714 of 2017
Arising Out of PS. Case No.-124 Year-2013 Thana- SABOUR District- Bhagalpur
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Pappu Yadav, son of Kartik Yadav , resident of village - Ghiya Salpur, P.S.Goradih, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Sri Brij Nandan Prasad, Advocate For the Opposite Party/s : A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
ORAL ORDER
4 29-11-2017
Heard Sri Brij Nandan Prasad, learned counsel for the petitioner and learned Additional Public Prosecutor.
The petitioner, has renewed his prayer for bail. Earlier , prayer for bail of the petitioner was rejected on 10.11.2015 vide Cr. Misc. No. 50771 of 2015 primarily on the ground that petitioner was the husband of the deceased and his wife was done to death and her dead body was thrown in a well.
Considering the seriousness of accusation, prayer for bail of the petitioner was rejected. In this case a report was called for from the court below regarding the stage of the case, which has been received and kept at flag “Y”. The report indicates that in the case after framing of charge, evidence has already commenced, however some delay has occurred awaiting the death report of one of the co-accused.
Patna High Court Cr.Misc. No.41714 of 2017(4) dt.29-11-2017 2/2
Considering the fact that trial has already commenced as well as the fact that on merit his prayer for bail was earlier rejected, there is no reason to review my earlier order. The petition again stands rejected.
It goes without saying that in view of the fact that petitioner is in custody since long, while dismissing it is desirable to observe that the learned trial court as well as the prosecution may take appropriate step for early disposal of the case.
(Rakesh Kumar, J)
praful/-
U T
2 issues framed by the court
Whether the petitioner is entitled to grant of bail given previous rejection and commencement of evidence.
Whether the order should be maintained considering the seriousness of the accusation and delay in death report.
Pappu Yadav
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
