A single-paragraph order rejecting bail for the petitioner, Niraj Kumar Pandey, accused in a murder case involving dowry harassment. The court refused bail citing allegations of instigating assault based on case diary entries and post-mortem findings.
The prayer for bail of the petitioner is 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. 3830 of 2020
--------- Niraj Kumar Pandey @ Bittu Pandey ... … Petitioner Versus The State of Jharkhand ... … Opposite Party ---------
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
--------- For the Petitioner : Mr. Rajesh Kumar, Advocate For the State : Mr. S. P. Jha, A.P.P. For the Informant : Mr. Rakesh Kumar, Advocate ---------
02/05.10.2020 Heard Mr. Rajesh Kumar, learned counsel for the petitioner, Mr. S. P. Jha, learned A.P.P. for the State assisted by Mr. Rakesh Kumar, learned counsel appearing for the informant.
The petitioner is an accused in connection with Chas P.S. Case No. 73 of
The marriage of the daughter for the informant was solemnized with Niranjan Pandey on 27.06.2018.
It has been alleged that there was a demand of dowry and on nonfulfillment of which she was subjected to torture. On 02.04.2020 she was done to death. At the time of her death she was carrying a pregnancy of two months.
The petitioner is the brother-in-law of the deceased and he is serving in the Indian Army.
The case diary which was called for on 09.07.2020 has been received and the same has been perused. Paragraph – 34 of the case diary contains the statement of one Devendra Prasad Choudhary who has stated that the husband of the deceased had doubted her character since she used to converse for long hours on phone. The petitioner used to instigate the husband of the deceased to assault her and on 02.04.2020 the deceased was taken to an underground room by the husband of the deceased and the petitioner and was assaulted and after sometime her cries had stopped. This witness has also stated that later on she was taken to hospital where she was declared dead. Similar is the statement of one Prem Chandra Singh recorded at Paragraph – 35 of the case diary.
The post mortem report reveals the cause of death as asphyxia leading to cardio respiratory failure caused by throttling and some external injuries were also found present on the body of the deceased.
Regard being had to the aforesaid facts, I am not inclined to grant bail to the petitioner. The prayer for bail of the petitioner is rejected.
(Rongon Mukhopadhyay, J.)
Umesh/-
3 issues framed by the court
Whether bail should be granted to the petitioner who is an accused in a dowry harassment leading to death case.
Whether the facts and evidence recorded justify the rejection of the bail application.
Whether the accused is entitled to release on bail under the Circumstances of the case.
Niraj Kumar Pandey
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
