Partly allowed

Sharwan Kumar @ Shrawan Kumar v. The State Of Bihar

Patna HC8 Mar 2017CR. MISC./6876/2017

Case brief

AI extract

What is this about?

In a bail application under Section 302 IPC for the murder of the petitioner's wife, the High Court rejected the bail plea but directed the trial court to conclude the trial within six months by ensuring attendance of non-examined witnesses.

What did the court decide?

Bail prayer rejected. Trial to be concluded within six months. SP directed to ensure attendance of non-examined witnesses.

Sharwan Kumar @ Shrawan Kumar Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6876 of 2017

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Arising Out of PS.Case No. -9 Year- 2013 Thana -TANDWA District- AURANGABAD

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====================================================== Sharwan Kumar @ Shrawan Kumar, S/o Kailash Paswan, resident of Village- Beni Gunjher Tola, Reghubir Bigha, P.S.- Tandawa, DistrictAurangabad.

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.... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 08-03-2017 Heard both sides.

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The petitioner seeks bail in Tandawa P.S. Case No. 9 of 2013 registered under Section 302/34 of the Indian Penal Code corresponding to Sessions Trial No. 80 of 2014/ 9 of 2014.

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The petitioner is the husband of the deceased. The prayer for bail of the petitioner was earlier rejected vide order dated 22.12.2014 passed in Cr. Misc. No. 29912 of 2014.

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Shri Krishna Prasad Singh, learned Senior counsel for the petitioner, submits that the petitioner being the husband is in jail since 13.9.2013. The petitioner has already remained in custody for three and half years, but till date only one witness has been examined. It appears that the wife of the petitioner was

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Patna High Court Cr.Misc. No.6876 of 2017 (2) dt.08-03-2017

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2/2

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strangulated to death and burnt injury was post-mortem.

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Considering the facts stated above, I am not inclined to enlarge the petitioner on bail at this stage. The prayer for bail is rejected.

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The trial court is directed to hold trial on day-to-day basis and conclude the same within six months from the date of receipt of this order.

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Since the petitioner is in jail for 3 ½ years, the S.P., Aurangabad is directed to ensure the attendance of non-examined witnesses in the trial court so that the trial must be concluded within six months. If the trial is not concluded within six months, then the petitioner may renew his prayer for bail.

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Let a copy of this order be sent to the trial court and the S.P., Aurangabad for information and needful.

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(Prabhat Kumar Jha, J)

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BTiwary/-

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U T

Sharwan Kumar @ Shrawan Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Sharwan Kumar @ Shrawan Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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