Jail bail was refused to the petitioner who applied for regular bail in a dowry death case during the trial. The trial is expected to conclude within two months, and liberty was given to renew the prayer if not concluded by then.
Prayer for bail dismissed; liberty to renew after two months if trial not concluded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5242 of 2022
Arising Out of PS. Case No.-26 Year-2020 Thana- KHUDWA District- Aurangabad
======================================================
KARU SINGH S/o Late Janardan Singh Resident of Village- Panchahra, P.S.Khudwan, District- Aurangabad.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Bhaskar Shankar For the Opposite Party/s : Mr.Anand Mohan Prasad Mehta ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
4 23-03-2022
Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Sessions Trial No. 142 of 2020, arising out of Khudwan Police Station Case No. 26 of 2020, registered for the offences punishable under Sections 498-A/304-B/34 of the Indian Penal Code.
This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 09.03.2021, passed in Criminal Misc. No. 37419 of 2020, giving liberty to the petitioner to renew his prayer for bail after nine months from the date of the order, if the trial does not record any progress.
Patna High Court CR. MISC. No.5242 of 2022(4) dt.23-03-2022 2/3
The prosecution case, as per the First Information Report, is that the marriage of the daughter of the informant was solemnized with the co-accused Vikash Raj Kumar about six months back. It has been alleged that after marriage, the petitioner, along with other accused persons, started demanding dowry and due to non-fulfillment of the said demand, on the date of occurrence the informant received information about the death of his daughter and when the informant arrived at the matrimonial home of his daughter, he found that his daughter was killed by strangulation and also found injuries near the ears of the deceased.
Learned Counsel for the petitioner submits that the petitioner has renewed his prayer for bail after eleven months instead of nine months, as observed by this Court in the order dated 09.03.2021. He further submits that the petitioner is in custody since 04.06.2020 and the trial has not concluded as yet.
This Court, vide order, dated 02.03.2022, had called for a report from the learned Court below regarding the stage of the case and in pursuance of the said order, a report has been submitted by learned Sessions Judge, Aurangabad, and from perusal of the same, it would be evident that the case is pending for adducing evidence on behalf of the accused persons and the
Patna High Court CR. MISC. No.5242 of 2022(4) dt.23-03-2022 3/3
trial is likely to be concluded within two months.
After having heard learned Counsel for the parties and taking into consideration the report of learned Sessions Judge, Aurangabad, I am not inclined to grant regular bail to the petitioner, at this stage.
This application is, accordingly, dismissed.
However, the petitioner will be at liberty to renew his prayer for bail after two months from today, if the trial is not concluded within that period.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
2 issues framed by the court
Whether regular bail ought to be granted to the petitioner in the second application filed after the previous order of rejection.
Whether the trial progress report justifies the continuance of custody pending conclusion of the trial.
1 provisions across 1 enactments
Karu Singh
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
