The High Court of Patna refused bail to Ranjit Mandal, the husband of the deceased in a dowry death case (Sections 304(B), 201 IPC). The court directed the lower court to conclude the trial within nine months.
Bail rejected; trial to be concluded 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.15646 of 2019
Arising Out of PS. Case No.-526 Year-2018 Thana- KHAGARIA District- Khagaria
======================================================
RANJIT MANDAL, aged about 30 years (M), S/o Butani Mandal, Resident of Village- Shiv Tola English, P.S.- Muffasil, District- Khagaria.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr.Binod Kumar, Advocate. For the Opposite Party : Mr.Choubey Jawahar, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
5 16-08-2019
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is languishing in custody since 29.01.2019 in a case for the offence registered under Sections 304 (B) and 201/34 of the IPC.
The prosecution story, in brief, is that the accused persons including the petitioner killed the victim due to nonfulfilment of demand of dowry.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no eye witness to the alleged occurrence.
Patna High Court CR. MISC. No.15646 of 2019(5) dt.16-08-2019 2/2
There is no substantive evidence to suggest the implication of the petitioner in the present case.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is on him to explain the cause of death of the deceased.
The case relates to dowry death.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Khagaria (Muffasil) P.S. Case No. 526 of 2018, G.R. No. 2132 of 2018, pending in the court of learned C.J.M. Khagaria.
The court below is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of copy of this order.
(Sudhir Singh, J)
U.K./-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner charged with offences under Sections 304(B)/201 IPC relating to dowry death.
Whether the trial in the dowry death case should be concluded within a specific timeframe.
Ranjit Mandal
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
