This order rejects the petitioner's bail application in a dowry death case where prior applications were dismissed. The court notes the trial is nearly complete, directing the trial court to conclude it within two months of the order's receipt.
Bail application rejected; trial court directed to conclude trial within two months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15628 of 2021
Arising Out of PS. Case No.-307 Year-2018 Thana- NAVINAGAR District- Aurangabad
MUKESH SINGH CHANDRAWANSI S/O YASHWANT PRASAD SINGH @ JASWANT SINGH CHANDRAWANSI R/O VILLAGE-SHEOPUR, P.SNABINAGAR, DISTRICT-AURANGABAD.
| The State of Bihar | . Versus |
.. ... Petitioner/s |
|---|---|---|
| =================== | ... ... ======================== |
Opposite Party/s =========== |
| Appearance : For the Petitioner/s : : For the Opposite Party/s : =================== |
Mr.Ramakant Sharma, Sr. Adv. Mr. Rajesh Kumar, Adv. Mr. Gauri Shankar Gupta, A.P.P. ======================== |
=========== |
| CORAM: HONOURABL | E MR. JUSTICE ARVIND SRI ORAL ORDER |
VASTAVA |
3 08-09-2021
Heard learned counsel for the petitioner and the
learned A.P.P. for the State.
The petitioner seeks bail in connection with S.T. No. 76 of 2019/91 of 2019 arising out of Nabinagar P.S. Case No. 307 of 2018 for the offence under Sections 304(B)/34 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.
Earlier the prayer for bail of this petitioner had twice been rejected by this Court vide order dated 04.09.2019 and 09.09.2020 passed in Cr. Misc. No. 36490 of 2019 and Cr. Misc. No. 21681 of 2020, respectively.
Learned counsel for the petitioner has submitted that the petitioner is languishing in judicial custody since
Patna High Court CR. MISC. No.15628 of 2021(3) dt.08-09-2021 2/2
29.10.2018 i.e. almost three years and there is no substantial progress in the trial.
A report was called for and the same has been received. From perusal of the same, it appears that the trial of the case is about to be concluded within two months.
Learned A.P.P. for the State has opposed the prayer for bail and submitted that earlier the prayer for bail of this petitioner has twice been rejected on merit and now no fresh ground is made out for reconsideration of the prayer of the petitioner. Moreover, the trial of the case is about to be concluded within two months.
Considering the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal miscellaneous application is rejected.
However, the trial court is directed to conclude the trial of the case preferably within a period of two months from the date of receipt/production of copy of this order.
(Arvind Srivastava, J)
brajesh/- U T
1 issue framed by the court
Whether bail should be granted when the petitioner has previously been rejected on merit and the trial is concluding within two months.
Mukesh Singh Chandrawansi
State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
