Single Judge of the Patna High Court rejected the bail application of the petitioner accused of murder and illegal weapon possession, directing trial court to conclude trial early after finding defects in the application.
Bail prayer rejected; direction to trial court to conclude trial at the earliest.
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.46551 of 2022
Arising Out of PS. Case No.-420 Year-2017 Thana- NAUTAN District- West Champaran
======================================================
MARWARI CHAUDHARI @ MIRWARI CHAUDHARI S/o Sheodhari Chaudhari Resident of Village- Bheriharawa, Police Station- Nautan, DistrictWest Champaran.
... ... Petitioner
Versus
The State Of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Anant Kumar Mishra, Advocate For the Opposite Party : Mr. C. Jawahar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
5 08-02-2023
Heard learned counsel for the petitioner and the State.
Four weeks’ time is granted to the counsel for the petitioner to remove the defect(s) as pointed out by the office.
The petitioner seeks bail in Sessions Trial No. 36 of 2018 arising out of Nautan P.S. Case No. 420 of 2017 registered for the offence under Section-302/34 of the Indian Penal Code and 27 of the Arms Act.
Earlier prayer for bail of the petitioner was rejected taking into account that the petitioner was husband of the deceased and the onus was upon him to explain the cause of death of his wife.
A report was called for from the trial court.
It has been reported that three witnesses including the
Patna High Court CR. MISC. No.46551 of 2022(5) dt.08-02-2023 2/2
I.O. and the Doctor are left to be examined in the present case. In the light of the order dated 14-12-2022, second show cause has been filed on behalf of the District Magistrate, Bettiah, West Champaran. In paragraph-4, specific statement has been made that the remaining prosecution witnesses have already been examined in the present case and the case is fixed for defence witness.
Considering the nature of accusation and stage of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected.
The trial court is directed to conclude the trial at the
earliest.
(Sudhir Singh, J)
A.K.V.//-
3 issues framed by the court
Whether bail should be granted to the petitioner who is the husband of the deceased in a murder case where witnesses remain to be examined.
Whether the trial should be concluded at the earliest by the trial court.
Whether the defect pointed out by the office in the bail application has been removed.
4 provisions across 3 enactments
Marwari Chaudhari @ Mirwari Chaudhari
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
