In a bail application arising from charges of dowry-related offence and murder, the High Court of Patna refused bail to the accused husband, citing the nature of the allegation, and ordered expedited trial.
Prayer for bail refused; to expedite trial.
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.23237 of 2020
Arising Out of PS. Case No.-732 Year-2019 Thana- SASARAM NAGAR District- Rohtas
======================================================
Om Prakash Kesari @ Prakash Keshari Son of Lav Prasad Keshari Resident of Village - Karan Sarai, P.S.- Sasaram (T), District – Rohtas ... Petitioner Versus
The State Of Bihar ... Opposite Party
| ================ Appearance : For the Petitioner |
====================================== : Mr.Ashok Kumar Pandey, Advocate |
|---|---|
| For the Opposite Party ================ |
: Mr. Addl Public Prosecutor ====================================== |
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 10-09-2020
The petitioner is an accused in Sasaram Nagar Police Station Case No. 732/2019 registered for offence punishable under sections 498A, 307,34,304B of the Indian Penal Code and sections ¾ of the Dowry Prohibition Act.
Petitioner is the husband of the victim and there is allegation in the FIR that he along with his family members subjected the informant’s daughter to cruelty for fetching dowry and on non-fulfilment of the same, they burnt her to death by pouring K.Oil.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no office as he was not not present at the home at the relevant time. It is also submitted that during trial two witnesses, namely, brothers of the deceased, have been examined and declared hostile. Petitioner is in custody since 19.8.2019.
Learned counsel for the State opposes the prayer for bail. He submits that there is allegation of demand of dowry and committing murder of the victim at her matrimonial house
Patna High Court CR. MISC. No.23237 of 2020(2) dt.10-09-2020 2/2
within four years of marriage.
In view of the nature of offence as well as allegation levelled against the petitioner, prayer for bail of the petitioner is refused.
Let the trial be expedited.
(Prabhat Kumar Singh, J)
Shashi
U T
3 issues framed by the court
Whether the petitioner is entitled to be released on bail in light of the nature of the offence and allegations made.
Whether the prayer for bail of the petitioner should be refused given the severity of the allegations.
Whether the trial should be expedited.
4 provisions across 1 enactments
Om Prakash Kesari @ Prakash Keshari
The State Of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
