Dismissed

Raushan Kumar @ Raushan Sharma v. the State of Bihar

Patna HC17 Aug 2022CR. MISC./24876/2022

Case brief

AI extract

What is this about?

Patna High Court rejected bail application in a Section 304(B) IPC case. Although charges were framed while the petitioner remained in custody for over three years, the court refused bail as the petitioner is the husband of the accused deceased. Bail may be re-applied within six months if the case stalls.

What did the court decide?

Petition dismissed. Bail denied; petitioner may re-apply within six months if case stalls.

Raushan Kumar @ Raushan Sharma Vs the State of… — Murder and Culpable Homicide | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24876 of 2022

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Arising Out of PS. Case No.-318 Year-2018 Thana- BELAGANJ District- Gaya

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======================================================

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RAUSHAN KUMAR @ RAUSHAN SHARMA S/o Chandrashekhar Sharma @ Chandrashekhar Mistri Resident of Village- Kachnawan, P.S.- Belaganj, Distt- Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Sharma For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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3 17-08-2022

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Heard the learned counsel for the petitioner and the learned APP for the State.

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The petitioner seeks bail in connection with Belaganj P.S. Case No. 318/18 (G.R. No. 7283/18, Tr. No. 99/21) instituted for the offences under Sections 304(B)/34 of the Indian Penal Code.

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The prayer for bail of the petitioner was earlier twice rejected.

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This Court was intimated that the Trial Court is vacant and, therefore, the case is not being tried. However, when another report was called for from the court below about the stage of the case on 22.06.2022, a report was sent indicating that now the records of the case of the petitioner

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Patna High Court CR. MISC. No.24876 of 2022(3) dt.17-08-2022 2/2

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has been split from the main records and charges in this case have been framed.

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Without any witness having been examined uptil now, the petitioner has remained in custody for more than three years.

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Since, the petitioner is the husband of the deceased, against whom there is main accusation, I am not inclined grant bail to him for the present.

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However, if there is no substantial progress in the case within the next six months, it would be open for the petitioner to approach this Court again for grant of bail along with copy of the deposition of the witnesses, who would have been examined thus far.

¶20

With the afore-noted observation/direction, the petition stands disposed off.

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(Ashutosh Kumar, J)

¶22

sunilkumar/-

¶23

Raushan Kumar @ Raushan Sharma v. the State of Bihar

Case brief

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Raushan Kumar @ Raushan Sharma v. the State of Bihar

Case brief

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What did the court decide?

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