This bail petition under Section 304(B) IPC was dismissed. The High Court directed the trial court to conclude the trial within one year due to the petitioner's two-year custody period.
Bail rejected; Trial directed to be concluded within one year.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27537 of 2022
Arising Out of PS. Case No.-22 Year-2020 Thana- JAMHOR District- Aurangabad
======================================================
PANKAJ KUMAR YADAV @ SIPAHI Son of Parikha Yadav Resident of Village - Emlauna , P.s.- Jamhore, Distt.- Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ranjit Kumar, Adv. For the Opposite Party/s : Mr.Anant Kumar 1, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
Heard learned counsel for the petitioner and the
learned APP for the State.
Let the defect(s) be removed within four weeks of the
complete start of the physical Court in normal course.
The petitioner is in judicial custody in connection with Jamhore P.S. Case No.22/2022 instituted under Section 304(B) of the IPC.
As per the allegation in the FIR, the petitioner who was married to Aarti Kumari (deceased) was brought to hospital on 27.03.2020 with 90% burn and subsequently succumbed to the said burn injury on 12.04.2020. Later the informant’s father lodged this FIR alleging that regularly the petitioner/family members used to demand a Pulsar motorcycle and gold ornaments and as he failed to fulfill his demand, the present occurrence took place.
Patna High Court CR. MISC. No.27537 of 2022(2) dt.24-08-2022 2/2
Taking into account the allegations in the FIR, the petitioner being the husband, this Court is not inclined to grant him privilege of bail, which is accordingly rejected.
However, since the petitioner is in custody for last two years (09.05.2020), the Trial court is directed to expedite the Trial and conclude the same preferably within a period of one year.
(Rajiv Roy, J)
Prakash Narayan /- U T
2 issues framed by the court
Whether bail should be granted to the petitioner charged under Section 304(B) IPC for a dowry death?
How to direct the trial court to expedite proceedings given the petitioner's prolonged custody?
Pankaj Kumar Yadav @ Sipahi
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
