Single bench oral order accepted petitioner's renewed bail plea in dowry death case. Court directed trial court to expedite witness summoning and conclude trial by May 30, 2019.
Application disposed directing lower court to summon witnesses and conclude trial by May 30, 2019.
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.69589 of 2018
Arising Out of PS. Case No.-55 Year-2017 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Prem Kumar, S/o Bachchu Singh, R/o Village- Supi, P.S.- Makhdumpur, District- Jehanabad.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Raj Kishore Prasad, Advocate For the Opposite Party/s : Mr. Nand Kumar, APP ======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
3 06-02-2019
Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.
The petitioner, being the husband, is in custody
since 13.10.2017, in connection with S. Tr. No.478 of 2017 (228/2017) arising out of Makhdumpur P.S. Case No.55 of 2017 registered for the offence under Sections 304B, 201/34 of the Indian Penal Code.
The prayer for bail of the petitioner was earlier rejected vide Annexure 1 and the petitioner has sought to renew his prayer for bail in view of the fact that many material witnesses have not supported the case.
A report had been called for from the court of 1st Additional District & Sessions Judge, Jehanabad, with regard
Patna High Court Cr.Misc. No.69589 of 2018(3) dt.06-02-2019 2/2
to the stage of the trial. It has been reported that out of seven chargesheeted witnesses, three have already been examined and the other material witnesses are yet to be examined, which also include the official witnesses.
Let the court in seisin of the case take expeditious steps for summoning the aforementioned witnesses and proceed on day to day basis so that the trial is concluded by the 30th of May, 2019.
The application stands disposed of.
(Anjana Mishra, J)
PNM
U T
2 issues framed by the court
Whether bail application by petitioner, accomplice in dowry death case, should be allowed on grounds of witness examination delay.
Whether trial court should expedite examination of material witnesses including official witnesses.
Prem Kumar
The State Of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
