The Patna High Court rejected the bail application of a petitioner accused in a murder case arising from dowry demand, directing the trial court to conclude the trial within nine months.
Bail rejected; Trial to be concluded within nine months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17055 of 2019
Arising Out of PS. Case No.-675 Year-2017 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur
======================================================
Ajay Ram @ Ajay Kumar Ram Son of Nanhki Ram Resident of Village- Ram Krishnapur Ganj, P.S.- Mufassil, Distt.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dilip Kumar Roy For the Opposite Party/s : Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 01-07-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in Sessions Trial No.142 of 2018, Reg. No.69 of 2018 arising out of Mufassil P.S. case No.675 of 2017 registered under Sections 304(B), 120(B)201/34 of the Indian Penal Code, pending in the court of 4th Additional Sessions Judge, Samastipur.
Allegation is that the accused persons including the petitioner committed murder of the sister of the informant due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.11.2017 and has got no criminal antecedent. Charge sheet has been submitted in this
Patna High Court CR. MISC. No.17055 of 2019(3) dt.01-07-2019 2/2
case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no other substantive evidence to suggest the implication of the petitioner in the present case nor there is any eye witness to the alleged occurrence.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is upon him to explain the cause of death of the deceased.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected.
The Trial Court 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 a copy of this order.
(Sudhir Singh, J)
Narendra/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner accused in a dowry death murder case.
Whether the petitioner is implicated in the alleged offence without substantive evidence.
Ajay Ram @ Ajay Kumar Ram
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
