Petitioner in custody under S. 304B, 201/34 IPC. Court refused bail due to nature of allegation and lack of criminal records but directed trial court to conclude trial in six months or release petitioner on bail.
Trial court directed to expedite trial within six months; otherwise petitioner to be released on bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30964 of 2020
Arising Out of PS. Case No.-542 Year-2019 Thana- CHHATAUNI District- East Champaran
======================================================
Sanjay Sahani, Son of Narayan Sahani, Resident of Village - Chhota Bariyarpur, P.S. - Chhatauni, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar, Advocate For the Opposite Party/s : None ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
ORAL ORDER
2 06-01-2021
Learned counsel for the petitioner is permitted to
make necessary correction in para 4 of the petition during course of the day.
Heard learned counsel for the petitioner. No one appears on behalf of the State, although the name of Advocate General appears in the cause list.
The petitioner is in custody in connection with Chhatauni P.S. Case No. 542 of 2019 for the offence under Sections 304B, 201/34 of the Indian Penal Code.
Allegation against the petitioner is that he was involved in adopting cruelty on his wife due to non-fulfillment of demand of dowry.
Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. The petitioner is
Patna High Court CR. MISC. No.30964 of 2020(2) dt.06-01-2021 2/2
husband of the deceased and he is in custody since 29.01.2020.
Considering the nature of allegation, the Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for grant of bail is rejected.
However, considering the period of custody of the petitioner, the trial court is directed to expedite the trial and conclude the same in all respect within a period of six months from the date of receipt of a copy of this order.
The Superintendent of Police, East Champaran is directed to take steps for production of all prosecution witnesses for their examination, so that the trial may be concluded within the time indicated herein above.
In case, the trial is not concluded within the aforesaid period, the court below shall release the petitioner on bail on appropriate terms and conditions and submit a report before the Registrar (Vigilance) of this Court for the failure in conclusion of the trial.
(Anil Kumar Upadhyay, J)
uday/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner who is in custody for offences under Sections 304B, 201/34 of the Indian Penal Code.
Whether the trial court should be directed to expedite the trial.
Sanjay Sahani
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
