The Patna High Court rejected the petitioner's prayer for anticipatory bail in a dowry death case as the trial is ongoing. The court directed the trial court to conclude proceedings within three months.
Prayer for anticipatory bail rejected; Trial court directed to conclude trial within three months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23878 of 2019
Arising Out of PS. Case No.-267 Year-2017 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
SURENDRA SAH S/o Rajendra Sah Residence of Mohalla/Village- Kalyana, P.S.- Sadar, District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Kedar Jha For the Opposite Party/s : Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
4 03-07-2019
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in connection with Sadar P.S. Case No. 267 of 2017 registered under Section 304B/34 of the I.P.C. pending in the Court of 4th Additional Sessions Judge, Darbhanga.
Earlier, prayer of the petitioner for bail was rejected by this Court on 19.07.2018 vide Cr. Misc. No. 38007 of 2018 on merit.
On perusal of the report (Flag-X) as called for from the 4th Additional Sessions Judge, Darbhanga with regard to the present stage of the trial, it appears that the trial is in progress. Only Investigating Officer and Doctor are to be examined.
Patna High Court CR. MISC. No.23878 of 2019(4) dt.03-07-2019 2/2
In such view of the matter, I am not inclined to
allow the prayer of the petitioner for anticipatory bail. Accordingly, prayer of the petitioner is rejected.
However, Trial Court is directed to conclude the trial within a period of three months.
(Arvind Srivastava, J)
shailendra/-
U T
2 issues framed by the court
Whether the prayer for anticipatory bail should be allowed given the stage of the trial.
Whether the trial should be concluded within a specific time frame.
1 provisions across 1 enactments
Surendra Sah
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
