In a bail application, the High Court refused to enlarge the petitioner on bail in a dowry death case. The court directed the trial court to conclude the trial within nine months, allowing the petitioner to renew the bail prayer if delayed.
Bail prayer refused; trial directed to conclude 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.11015 of 2019
Arising Out of PS. Case No.-328 Year-2018 Thana- PALIGANJ District- Patna
======================================================
DHIRAJ KUMAR, S/o Bachu Sao. Resident of Village- Khapura, P.S.Paliganj, District-Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar For the Opposite Party/s : Mr.Anil Prasad Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 03-05-2019
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Paliganj Police Station Case No.328 of 2018, registered for the offences punishable under Sections 328, 304(B), 302/34 of the Indian Penal Code, pending in the court of learned Sub-Divisional Judicial Magistrate, Danapur.
Petitioner is husband of the victim of dowry death. The marriage was solemnized in the year, 2012 and death was caused in the month of October, 2018 for non-fulfillment of dowry demand.
Submission is that allegation is general and omnibus. Petitioner is in custody since 05.10.2018.
Considering the nature of allegation and material
Patna High Court CR. MISC. No.11015 of 2019(3) dt.03-05-2019 2/2
available on the record, I am not inclined to enlarge the petitioner, above named, on bail. Hence, prayer is refused.
The learned trial court is directed to expedite the trial and conclude the same within 09 months, failing which the petitioner would be at liberty to renew the prayer for bail before the court below itself.
(Birendra Kumar, J)
abhishek/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail in connection with offences punishable under Sections 302, 304(B), and 328 of the Indian Penal Code.
Whether the direction to expedite the trial within specified time limits should be issued.
DHIRAJ KUMAR
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
