The Patna High Court rejected an application for regular bail filed by an accused in a dowry death case involving IPC sections 304B, 201 and 34. The court also directed the trial court to expedite the trial within six months.
Application for regular bail rejected; directions issued for expedited trial 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.69800 of 2023
Arising Out of PS. Case No.-157 Year-2021 Thana- SIKRAUL District- Buxar
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SHASHI KANT PANDEY S/o Birendra Pandey Resident of VillageBasmanpur, P.S.-Sikraul, District-Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
3 05-03-2024 1. Heard learned counsel for the parties.
grant of regular bail in connection with Sessions Trial no.79 of 2023 (arising out of Sikraul P.S. Case no.157 of 2021) registered under sections 304B, 201 and 34 of the Indian Penal Code.
that his daughter, who was married to the petitioner herein, was tortured by the accused persons including the petitioner for nonfulfillment of demand of dowry by way of a gold chain and Rs.2 lacs in cash and ultimately she was done to death and her body got disappeared.
petitioner has been falsely implicated in the case. The allegations levelled in the F.I.R. are false and concocted.
Patna High Court CR. MISC. No.69800 of 2023(3) dt.05-03-2024 2/2
Admittedly, the informant is not an eye witness to the occurrence. The trial has commenced in the learned trial Court. Referring to the depositions of the informant and other witnesses brought on record as annexures to the supplementary affidavit, it is submitted that neither the informant nor the other family members of the deceased have supported the prosecution case and were declared hostile. The petitioner is in custody since 2.6.2022 and there being no chance of his conviction, the petitioner be enlarged on bail.
(Partha Sarthy, J)
1 issue framed by the court
Whether the petitioner should be enlarged on regular bail given the false implicatio and delayed trial.
Shashi Kant Pandey
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
