This order grants bail to the petitioner in a dowry death case alleging murder andculpable homicide. The court considered prolonged delay in prosecution witness examination and omnibus allegations while directing a bail bond.
Directed enlargement of petitioner on bail on furnishing a bail bond of Rs.10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33283 of 2022
Arising Out of PS. Case No.-256 Year-2016 Thana- CHHATAPUR District- Supaul
======================================================
ASHOK MISHRA SON OF SRI GUNANAND MISHRA RESIDENT OF VILLAGE- JHAKHARGARH P.S. CHHATAPUR DIST. - SUPAUL
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Rewti Kant Raman, Adv. For the Opposite Party/s : Mr. Ram Anurag Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
3 10-08-2022 Heard learned counsel for the parties.
The petitioner has renewed his prayer for bail in a
case registered under sections 304B and 34 of the Indian Penal Code.
As per the prosecution case, the petitioner and the members of his family are said to have assaulted and tortured the daughter of the informant and of having ultimately killed her.
It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 6.12.2021 directing the learned trial court to expedite the trial. The allegations against the petitioner are general and omnibus in nature. There are no eye witness to the occurrence. The petitioner is in custody since 15.11.2019 and
Patna High Court CR. MISC. No.33283 of 2022(3) dt.10-08-2022 2/2
inspite of charge having been framed in the learned trial court on 6.11.2020, no witness has been examined on behalf of the prosecution inspite of more than one year nine months having passed.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the petitioner having remained in custody since 15.11.2019 and no witness having been examined inspite of charge having been framed in the learned trial court on 6.11.2020, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.149 of 2020 (arising out of Chhatapur P.S. Case no.256 of 2016 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 1st -cum-Special Judge, Supaul.
Saurabh/-
U T
(Partha Sarthy, J)
1 issue framed by the court
Whether bail should be granted to the petitioner in a case involving sections 304B and 34 IPC alleging dowry death.
1 provisions across 1 enactments
Ashok Mishra
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
