Petitioner, husband of deceased in dowry death case under Sections 304(B) and 34 IPC, sought bail. High Court found trial at advanced stage but deemed petitioner ineligible for bail. Directed trial court to conclude trial within nine months.
Bail rejected; trial to be concluded within nine months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.75366 of 2018
Arising Out of PS. Case No.-97 Year-2017 Thana- NADI P.S. District- Patna
======================================================
RAJESH KUMAR @ RAJESH SAO, son of Late Raju Mistri, Resident of Maujipur, P.S.- Nadi, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar, Advocate. For the Opposite Party/s : Mr. Umanath Mishra, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
4 25-02-2019
Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in Sessions Trial No. 185
of 2018 arising out of Nadi P.S. Case No. 97 of 2017 instituted for the offence under Section(s) 304(B)/34 of the Indian Penal Code, pending in the court of learned Additional Sessions Judge-1st, Patna City (Patna).
Petitioner is in custody since 24.10.2017. He is husband of the deceased.
It is alleged in the written report that marriage of daughter of informant namely, Puja Kumari (since deceased) was solemnized with the petitioner on 28.6.2017 in Vailatpur Temple. At the time of marriage, the informant gifted Motorcycle, cash and ornaments to the petitioner. After
Patna High Court Cr.Misc. No.75366 of 2018(4) dt.25-02-2019 2/2
marriage, the in-laws of the deceased demanded Rs.30,000/- as dowry and on non-fulfillment of their demands, started torturing the daughter of informant. It is further alleged that on 22.10.2017, the informant received information that his daughter is lying dead in her sasural and accused persons fled away. The informant went to sasural of her daughter and found her dead body.
Report with regard to present stage of trial was called for from the court below which has been received.
From the report it appears that four witnesses have been examined in the case. The report shows that trial is at the advance stage.
Therefore, this Court is not inclined to grant bail to the petitioner at this stage.
Prayer for the petitioner for grant of bail stands rejected.
The trial court is directed to expedite the trial and conclude the same as early as possible preferably within a period of nine months from the date of receipt of this order.
(Sanjay Priya, J)
S.Ali/- U T
3 issues framed by the court
Whether bail should be granted to the petitioner facing charges under Section 304(B) and 34 IPC?
Whether the trial court can be directed to expedite the trial?
Whether the case has reached an advanced stage of trial?
1 provisions across 1 enactments
Rajesh Kumar @ Rajesh Sao
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
