The Patna High Court, in a bail application, refused the petitioner's prayer for enlargement on the facts of the case. The court directed the trial court to expedite the trial, allowing the petitioner to renew the bail prayer if the trial concludes after nine months.
Prayer for bail refused; trial directed 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.5424 of 2019
Arising Out of PS. Case No.-562 Year-2017 Thana- SIWAN MUFFASIL District- Siwan
======================================================
Tarkeshwar Sah Son of Ram Bachhan Sah Resident of Village- Badheya, P.S. Siwan Muffasil, District- Siwan
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Prashant Kumar, Advocate For the Opposite Party/s : Mr.Indra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
4 02-05-2019
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offences punishable under Section 304B of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act in connection with Siwan Muffasil (Dhanauti) P.S. Case No. 562 of 2017.
Wife of this petitioner died within six years of her marriage in unnatural circumstances by sustaining burn injury. The allegation is of demand of dowry and torture for the same soon before death.
Submission is that petitioner is in custody since 23.07.2018. No independent witness has supported the allegation and the victim died of accidental fire in the room.
Patna High Court CR. MISC. No.5424 of 2019(4) dt.02-05-2019 2/2
Considering the nature of allegation and material, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail is refused.
The trial Court is directed to expedite the trial and conclude the same preferably within nine months, failing which the petitioner would be at liberty to renew the prayer for bail before the trial judge itself.
(Birendra Kumar, J)
Mkr./-
U T
2 issues framed by the court
Whether the petitioner should be granted bail in a case involving Section 304B IPC and Dowry Prohibition Act allegations.
Whether the trial court should be directed to expedite the trial and if so, within what timeframe.
Tarkeshwar Sah
The State Of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
