The High Court refused bail to a husband charged with dowry death. While denying relief, the court directed the Sessions Judge to expedite the trial and the police to produce witnesses promptly to address the delay.
Interim bail refused; trial directed to be expedited; police directed to produce witnesses.
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.79661 of 2018
Arising Out of PS. Case No.-104 Year-2016 Thana- DHANAHA District- West Champaran
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Shiv Kumar Patel son of Sita Ram Patel, resident of village-Kathar, P.S.Dhanaha, Distt.- West Champaran.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar For the Opposite Party/s : Mr.Anil Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 07-02-2019
The petitioner seeks bail in connection with S.T.No. 86 of 2017 arising out Dhanaha P.S.Case No. 104 of 2016 registered under Sections 304B and 201/34 of the Indian Penal Code.
Earlier prayer for bail of the petitioner was thrice rejected vide order dated 13.01.2017, 23.08.2017 and 25.04.2018 passed in Cr. Misc. No. 53856 of 2016, Cr. Misc. No. 38033 of 2017 and Cr. Misc. No. 17797 of 2018. The case is of dowry death and petitioner is husband.
Submission of learned counsel for the petitioner is that petitioner is in custody for more than two and half years and up till now only three witnesses have been examined out of six witnesses.
Heard learned A.P.P also.
Patna High Court Cr.Misc. No.79661 of 2018(3) dt.07-02-2019 2/2
Having heard both sides and in view of facts and circumstances, I am not inclined to grant privilege of bail to petitioner. However, as the petitioner is in custody for more than two and half years, the 1st Additional Sessions Judge, Bagaha, West Champaran is directed to expedite the trial and conduct it on regular basis so that same may be concluded as early as possible. At the same time, the Superintendent of Police, West Champaran is directed to produce the witnesses on the date fixed in trial.
Let a copy of this order be sent to the Superintendent of Police, West Champaran in order to comply the direction of this Court.
(Vinod Kumar Sinha, J)
sujit/-
U T
1 issue framed by the court
Whether bail should be granted to a petitioner charged with dowry death and having been in custody for over two and a half years.
1 provisions across 1 enactments
Shiv Kumar Patel
The State Of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
