In a bail petition arising from a dowry death case under IPC sections 304(B), 201 and 34, the High Court rejected the bail application and directed the trial court to conclude the trial within six months.
Bail application rejected; trial directed to be concluded within six months.
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.2511 of 2023
Arising Out of PS. Case No.-118 Year-2021 Thana- BELA District- Sitamarhi
======================================================
SURESH RAI S/o Manohar Rai R/v- Vishnupur, P.S.- Bela, DistrictSitamarhi
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Parwej Khan, Advocate For the Opposite Party/s : Mr. Raj Ballabh Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 17-08-2023 Heard the parties.
The petitioner is in custody in connection with Sessions Tr. No. 77 of 2022/78 of 2022 arising out of Bela P.S. Case No. 118 of 2021 for the offence under sections 304(B), 201 and 34 of the Indian Penal Code lodged on 19.06.2021 by the informant, Chandrakala Devi.
As per the prosecution story, the petitioner was married to the victim lady but was regularly tortured for dowry and on the fateful day, the informant came to know about her death and even the mortal remains were consigned to flame without the informant’s side reaching the place. Accordingly, the F.I.R.
In this case, a co-ordinate Bench had called for case diary and report from the Trial Court. As per the report, out of
Patna High Court CR. MISC. No.2511 of 2023(5) dt.17-08-2023 2/2
four witnesses, two have been examined and the rest two are to be examined.
Though, the case of the petitioner is that the two witnesses so far as examined have not supported the prosecution story, it would be appropriate that the trial is taken to its logical conclusion within a period of six months positively.
For the present, the bail application stands rejected with a direction to the trial Court to conclude the trial within a period of six months.
(Rajiv Roy, J)
kiran/-
U T
2 issues framed by the court
Whether the bail application of the petitioner accused under sections 304(B), 201 and 34 IPC should be allowed given his custody and the status of the trial.
Whether the trial court should be directed to conclude the trial within a fixed period.
1 provisions across 1 enactments
SURESH RAI
THE STATE OF BIHAR
RAJIV ROY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
