In a bail petition under Section 304 B IPC for dowry death, the Hon'ble High Court refused to enlarge the petitioner on bail, relying on the trial court report, while directing the Trial Court to expedite the trial.
Bail prayed for refused; Trial Court directed to expedite the trial.
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.7511 of 2022
Arising Out of PS. Case No.-176 Year-2021 Thana- KASIMBAZAR District- Munger
======================================================
RAJESH KUMAR TIWARI S/o Late Jainarayan Tiwari Resident of Mohalla - Puraniganj, P.S.- Kasim Bazar, District - Munger.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Madhu Prasun, Advocate For the Opposite Party/s : Mr. Ram Bilash Roy Raman, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
4 21-09-2022
Let the defects, as pointed out by the office, be
removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the
offence under Section 304 B of the Indian Penal Code.
Allegation against the petitioner is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.
Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. In fact the petitioner is husband of the deceased and the name of the petitioner has been
Patna High Court CR. MISC. No.7511 of 2022(4) dt.21-09-2022 2/2
transpired only on the basis of suspicion. Petitioner is in custody since 27.07.2021.
Vide order dated 03.08.2022, a report was called for with regard to the present status of the trial. Report dated 11.08.2022 reveals that four witnesses including the Doctor have been examined and only two witnesses, i.e. informant and I.O. are yet to be examined.
Learned APP for the State has opposed the prayer for bail of the petitioner.
Considering the aforesaid facts and in view of the report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with Kasim Bazaar P.S. Case No.176 of 2021 pending in the Court of learned Sessions Judge, Munger.
Prayer is refused.
However, the learned Trial Court is directed to expedite the trial.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
3 issues framed by the court
Whether to grant bail to the petitioner accused of dowry death under Section 304 B IPC.
Directions to the Trial Court to expedite the trial in the pending case.
Whether petitioner's clean antecedents and false implication warrants bail.
1 provisions across 1 enactments
Rajesh Kumar Tiwari
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
