In a bail petition arising from a case of dowry death involving Sections 304B, 323, and 341 IPC, the High Court refused relief and directed the trial court to conclude the trial within nine months.
Prayer for bail refused. Trial court directed to expedite and conclude trial 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.12979 of 2019
Arising Out of PS. Case No.-196 Year-2015 Thana- BIBHUTIPUR District- Samastipur
======================================================
SHAMBHU JHA, Son of Late Bharat Jha, Resident of village - Gangauli, P.S. - Bibhutipur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Surendra Prasad Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323 and 304B of the Indian Penal Code.
Petitioner is husband of the victim of dowry death. Wife of the petitioner died in unnatural circumstances in the house of the petitioner. Allegation is of demand of dowry and torture for the same. Trial is going on.
Hence, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 440 of 2018 arising out of Bibhutipur Police Station Case No. 196 of 2015 pending in the court of learned 3rd Additional Sessions Judge, Samastipur.
Hence, prayer for bail is refused.
Patna High Court CR. MISC. No.12979 of 2019(3) dt.09-05-2019 2/2
Learned trial court is directed to expedite the trial and
conclude the same preferably within a period of nine months
from the date of receipt/production of a copy of this order.
(Birendra Kumar, J)
Kundan/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a Sessions case involving dowry death and cruelty charges.
Whether the trial court should expedite the pending trial.
1 provisions across 1 enactments
Shambhu Jha
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
