High Court rejected bail application in a dowry death case, finding no fresh grounds despite pending trial. Court directed lower court to conclude trial within eight months.
Prayer for bail rejected; trial directed to be concluded within eight months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8922 of 2018
Arising Out of PS. Case No.-260 Year-2015 Thana- BARBIGHA District- Sheikhpura
======================================================
Guddu Paswan S/o Jagan Paswan @ Jaggan Paswan, R/o Vill.- Babhnima, P.S.- Barbigha (Keoti O.P.), District- Sheikhpura.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. RAM SUMIRAN ROY ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
2 21-03-2018
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in connection with Barbigha (Keoti O.P) P.S. Case No. 260 of 2015, registered under Section 304(B)/34 of Indian Penal Code, pending in the Court of Addl. Chief Judicial Magistrate-II, Sheikhpura.
Learned counsel appearing on behalf of the petitioner submits that petitioner, who is husband of the deceased, is in custody since 23.01.2016. The prayer for bail of the petitioner was refused by this Court on 12.07.2016 passed on 12.07.2016 vide Criminal Miscellaneous No. 19324 of 2016 on merit. The charge has been framed against the petitioner on 27.10.2016 in S.T. No. 158 of 2016 pending in the Court of
Patna High Court Cr.Misc. No.8922 of 2018(2) dt.21-03-2018 2/2
Addl. Sessions Judge-I, Sheikhpura, but not a single witness has been examined up-till-now.
Having considered the facts and circumstances of the case and the fact that the bail prayer of the petitioner has been refused on merit vide Criminal Miscellaneous No. 19324 of 2016 on 12.07.2016, I find no any fresh ground to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner, above named, is rejected. However, the learned Addl. Sessions Judge-I, Sheikhpura is directed to conclude the trial of the petitioner by taking all effective steps, preferably within eight months.
(Rajendra Kumar Mishra, J)
manish/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in the pending charge framed case under Section 304(B) IPC.
Whether any fresh ground exists to grant bail after a previous refusal on merit.
Guddu Paswan
The State of Bihar
RAJENDRA KUMAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
