In CR. MISC. No.22932 of 2019, the Patna High Court refused bail to the petitioner in a dowry death case under Sections 304B and 120(B) IPC. The court directed the trial court to expedite the trial within nine months.
Bail prayer rejected; Trial Court directed to expedite 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.22932 of 2019
Arising Out of PS. Case No.-116 Year-2018 Thana- HULASGANJ District- Jehanabad
======================================================
RANDHIR KUMAR @ RANDHIR SINGH S/o Ramadhar Singh Resident of Village- Kosiyama, P.S.- Hulasganj, Distt.- Jehanabad
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rajiv Ranjan Singh For the Opposite Party/s : Mr.Ganesh Prasad Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
3 07-05-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 304B and 120(B) of the Indian Penal Code.
Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.6.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There is no substantive evidence
Patna High Court CR. MISC. No.22932 of 2019(3) dt.07-05-2019 2/2
to suggest his implication in the present case. There is no eye witness to the alleged occurrence.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The petitioner is the husband of the deceased. The onus is on him to explain the cause of death of the deceased.
Considering the nature of allegation, I am not inclined to grant bail to the petitioner in connection with Hulasganj P.S. Case No. 116/2018. Prayer is rejected. The Trial Court is directed to expedite the trial preferably within a period of nine months from the date of receipt/production of a copy of this order.
(Sudhir Singh, J)
Pankaj/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner in a case alleging dowry death and criminal conspiracy.
Whether the petitioner should be required to expedite the trial in the underlying case.
1 provisions across 1 enactments
Randhir Kumar @ Randhir Singh
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
