In a bail application arising from a case involving murder and dowry-related offenses, the High Court of Patna, observing that the trial was in progress, refused to grant bail to the petitioner, directing the trial court to conclude the trial within nine months.
Bail application dismissed; direction to trial court to conclude trial within nine months.
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.3979 of 2020
Arising Out of PS. Case No.-185 Year-2018 Thana- MANSI District- Khagaria
======================================================
BABLOO YADAV Son of Late Janardan Yadav Resident of Village - Saidpur, P.S.- Mansi, Distt - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Bhaskar Shankar For the Opposite Party/s : Mr.Yogendra Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 10-06-2020
Due to COVID-19 Pandemic, the matter is being
taken up by way of Virtual Court proceeding.
The matter has been listed under the heading ‘For Orders’ under the orders of Hon’ble the Chief Justice.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Mansi P.S. Case No. 185 of 2018 instituted for the offences under Sections 498(A), 302, 201, 363 and 34 of the Indian Penal Code.
The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner is the husband of the deceased and onus is upon him to explain the cause of death. The postmortem report also corroborates the allegation made in the
Patna High Court CR. MISC. No.3979 of 2020(3) dt.10-06-2020 2/2
F.I.R.
A report was called for from the Court below regarding the stage of the case. It has been reported that the trial is already in progress.
Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take steps to conclude the trial at the earliest preferably within nine months from the date of receipt/production of a copy of this order.
(Sudhir Singh, J)
Pankaj/-
U T
1 issue framed by the court
Whether bail should be granted to a petitioner accused of offenses including murder and dowry-related crimes during the trial stage.
BABLOO YADAV
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
