In B.A. No. 2712 of 2016, the High Court of Jharkhand rejected the bail application of the husband and mother-in-law of a deceased woman charged with dowry death and cruelty under Section 304-B IPC, holding they were not entitled to bail.
Bail application of Md. Shamsher Alam and Nazma Khatoon rejected.
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 JHARKHAND AT RANCHI
B.A. No. 2712 of 2016
-VersusThe State of Jharkhand ..... Opposite Party
CORAM : HON’BLE MR. JUSTICE H.C.MISHRA
For the Petitioners : : M/s. Rajesh Kr. Mahtha For the State : : M/s. Arun Kr. Pandey, A.P.P.
2/ 07.04.2016. Heard learned counsel for the petitioners and the learned counsel for the State.
The petitioners have been made accused in connection with Gomia P.S. Case No.66 of 2015, corresponding to G.R No.446 of 2015, S.T. No. 240 of 2015, for the offence under Sections 304-B / 34 of the Indian Penal Code.
The petitioners are the husband and the mother-in-law of the deceased and there is allegation against them to have subjected the deceased to cruelty and torture for demand of dowry and to have committed her dowry death.
The earlier bail application of the petitioner Nazma Khatoon was rejected on merits by order dated 9.10.2015 in B.A. No. 7071 of 2015.
Learned counsel for the petitioners has renewed the prayer for bail of the petitioner Nazma Khatoon and has prayed for bail of the petitioner Md. Shamsher Alam @ Shamsher Alam.
Learned counsel for the State has opposed the prayer for bail.
In the facts of this case, I am not inclined to release the petitioners on bail. Accordingly, the prayer for bail of the petitioners Md. Shamsher Alam @ Shamsher Alam & Nazma Khatoon, is hereby rejected.
(H.C.Mishra, J.)
D.S.
1 issue framed by the court
Whether the petitioners Md. Shamsher Alam and Nazma Khatoon should be released on bail in a case pending under Sections 304-B/34 IPC for dowry death.
Md. Shamsher Alam @ Shamsher Alam
Nazma Khatoon
The State of Jharkhand
H.C.MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
