The Patna High Court rejected the bail application of a petitioner charged with assault under IPC Sections 341, 323, 307, and 504/34. The court rejected the prayer due to the nature of allegations and directed the trial court to expedite the trial, concluding it within one year.
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.7319 of 2019
Arising Out of PS. Case No.-385 Year-2018 Thana- BAGHA District- West Champaran
======================================================
Dinesh Chaudhary S/o Late Yogendra Chaudhary resident of villageNaurangia, P.S-Naurangia,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Zainul Abedin For the State : Renu Kumari, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
4 29-04-2019
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 341, 323, 307. 504/34 of the Indian Penal Code.
The allegation against the petitioner is of giving Chhura blow on the body of daughter of the informant, as a result of which, she sustained injury and proceeding for treatment, succumbed to the injuries.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 02-08-2018. Charge sheet has already been submitted. One case, which was pending against the petitioner, has already been dismissed for nonprosecution. The petitioner has falsely been implicated in the
Patna High Court CR. MISC. No.7319 of 2019(4) dt.29-04-2019 2/2
present case. The allegation made in the FIR is denied by the petitioner. The deceased has been done to death by one Bhutun Choudhary as the deceased had seen Bhutun Choudhary and her younger sister in compromising position.
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. The informant is an eye witness to the alleged occurrence. There is specific allegation of assault alleged against the petitioner. The deceased is the wife of the petitioner. The petitioner is said to be the assailant.
Considering the nature and manner of allegation, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Bagaha P.S. Case No. 385 of 2018 is rejected.
The trial court is directed to take all necessary steps to expedite the trial and conclude the same as early as possible, preferably within a period of one year from the date of receipt/production of copy of this order.
(Sudhir Singh, J)
A.K.V.//-
2 issues framed by the court
Whether bail should be granted to the petitioner in a case alleging assault causing death.
Whether the petitioner should be expedited for trial within one year.
Dinesh Chaudhary
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
