Petitioner sought bail in a murder/dowry death case. Bail was rejected as the trial was within twelve months of conclusion. Trial and police authorities were directed to expedite proceedings within nine months.
Bail rejected; trial directed to conclude within nine months; police directed to ensure witness production.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14481 of 2021
Arising Out of PS. Case No.-242 Year-2018 Thana- BYPASS District- Patna
======================================================
DHIRAJ @ RAJIV RAI @ RAJIV KUMAR Son of Nageshwar Rai Resident of Village- Mogalchak, P.S.- Mohiuddin Nagar, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Singh, Advocate For the Opposite Party/s : Mr.Nityanand Tiwary, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 15-09-2021
Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
Counsel for the petitioner is directed to remove the defect(s), as pointed out, by the office, within a period of four weeks from the date of restoration of normalcy.
The petitioner seeks bail in connection with Bypass P.S. case No.242 of 2018 registered under Sections 302/304B and 34 of I.P.C., pending in the court of Additional Sessions Judge VI, Patna City, Patna.
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 the onus is on him to explain the cause of death of the deceased.
A report was called for from the trial court. It has been
Patna High Court CR. MISC. No.14481 of 2021(3) dt.15-09-2021 2/2
reported that out of ten prosecution witnesses, one prosecution witness has already been examined and the trial is likely to be concluded within a period of twelve months.
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 all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order.
The District Magistrate, Patna and the Senior Superintendent of Police, Patna are also directed to take necessary steps to produce the witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period.
Let this order be communicated to the District Magistrate, Patna and the Senior Superintendent of Police, Patna.
Narendra/-
(Sudhir Singh, J)
U T
2 issues framed by the court
Whether bail should be granted to the petitioner in a case involving sections 302, 304B, and 34 of IPC pending for twelve months.
Whether the trial court should expedite the conclusion of the trial given the nature of the accusation.
1 provisions across 1 enactments
Dhiraj @ Rajiv Rai @ Rajiv Kumar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
