This judgment granted bail to a petitioner accused in his wife's murder under the Dowry Prohibition Act and IPC, noting he was out of station in Dubai at the time of the incident.
Petitioner released on bail furnishing bond of Rs. 10,000 with two sureties of like amount each.
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. 380 of 2018
Aftab Alam @ Aftab Ahmad… … … Petitioner
Versus
The State of Jharkhand … … ... Opp. Party.
CORAM: HON'BLE MR. JUSTICE ANANDA SEN.
For the petitioner: Mr. A.K. Kashyap Sr. Advocate. Mr. Faisal Khan, Advocate. For the State: Addl. P.P. For the informant: Mr. Raj Kumar Sahay, Advocate.
04/06.04.2018. Heard learned counsel for the parties.
The petitioner is an accused for the offence punishable under sections 304(B), 120B/34 of the Indian Penal Code and under sections 3/4 of the Dowry Prohibition Act.
The petitioner is the husband of the deceased. The wife of this petitioner was found dead in an unnatural condition in her matrimonial home. It is alleged that for non-fulfillment of demand of dowry she was tortured and assaulted and thereafter she was murdered.
Learned Sr. counsel appearing for the petitioner submits that admittedly from the document itself, it is the case of the informant that at the time of occurrence the petitioner was not present in the house, rather he was out of station.
Counsel for the informant submits that though the petitioner was working in Dubai, but he has instigated over phone and on his instigation the entire occurrence has taken place.
Taking into consideration the submissions of the parties and the facts that at the time of occurrence the petitioner was not at his house rather he was in Dubai, I am inclined to release the petitioner on bail. Accordingly, the petitioner, namely, Aftab Alam @ Aftab Ahmad is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Ranchi, in connection with Doranda P.S. Case No.145 of 2017, corresponding to G.R. No. 3645 of 2017.
Since charges have been framed, it is expected that the trial court will commence the trial at the earliest and at the time of filing the bail bond, the petitioner will give an undertaking that he will
appear before the trial Court on the dates the trial Court direct him to do so, and if he fails to appear on such dates before the trial Court, the trial Court Court will be at liberty to take appropriate steps for his rearrest.
(Ananda Sen, J)
Sharma/
2 issues framed by the court
Whether the petitioner, a non-resident husband, should be released on bail despite allegations of instigation for dowry deaths.
Whether the petitioner's absence at the scene precludes the grant of bail in a case involving dowry death charges.
2 provisions across 2 enactments
Aftab Alam @ Aftab Ahmad
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
