This court rejected the petitioner's letter of bail application in a dowry-related murder case where the petitioner was already in custody. The judgment directed the trial court to conclude proceedings within eight months.
Bail application rejected; trial concluded within eight months; witnesses produced on fixed dates.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4998 of 2020
Arising Out of PS. Case No.-878 Year-2018 Thana- SITAMARHI District- Sitamarhi
======================================================
GOVIND THAKUR, aged about 27 years, Gender-Male, Son of Ramu Thakur, Resident of Village-Koari, P.S.-Sitamarhi, District-Sitamarhi.
... ... Petitioner
Versus
THE STATE OF BIHAR
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr. Rakesh Kumar, Advocate. For the Opposite Party : Mr. Murli Dhar, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
4 11-08-2021
Heard learned counsel for the petitioner and learned
counsel for the State through virtual mode.
The petitioner is languishing in custody since 16.09.2018 in connection with Sitamarhi (Punaura O.P.) P.S. Case No. 878 of 2018 registered for the offence under Sections 304(B)/34 of the I.P.C. and ¾ of the D.P. Act.
The prosecution story, in brief, is that the accused persons including the petitioner killed the victim due to nonfulfilment of demand of dowry.
Earlier the bail application of the petitioner was rejected vide Cr. Misc. No. 19198 of 2019 under order dated 15.04.2019 taking into account that the petitioner is the husband of the deceased and the onus is upon him to explain the cause of death of the deceased, annexed as Annexure-1 to the present application.
A report was called for from the court below
Patna High Court CR. MISC. No.4998 of 2020(4) dt.11-08-2021 2/2
regarding the present stage of the case. It has been reported that the case has not been committed to the Court of Sessions.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Sitamarhi (Punaura O.P.) P.S. Case No. 878 of 2018, pending in the court of learned C.J.M. Sitamarhi.
The court below is directed to take all necessary steps to conclude the trial preferably within a period of eight months from the date of receipt/production of copy of this order.
The District Magistrate, Sitamarhi and the Superintendent of Police, Sitamarhi, are also directed to ensure that the prosecution witnesses are produced on the fixed date in the court below so that the trial could be concluded within the stipulated period.
Let a copy of this order be communicated to the District Magistrate, Sitamarhi and the Superintendent of Police, Sitamarhi.
(Sudhir Singh, J)
1 issue framed by the court
Whether the petitioner, a husband in a dowry-related murder case, deserves bail given the non-fulfilment of the earlier rejected bail application and the necessity of trial closure.
2 provisions across 2 enactments
Govind Thakur
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
