In a bail application filed by the husband of a woman who died due to burning in a matrimonial house following dowry demands, this High Court rejected the plea, relying on the unnatural death and evidence of dowry demand.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.10080 of 2021
Manoj Vishwakarma @ Manoj Kumar Vishwakarma ..... … Petitioner Versus The State of Jharkhand …. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -----For the Petitioner : Mr. Manoj Kumar, Advocate For the State : Mrs. Mohua Palit, A.P.P. --------
06/10.01.2022 Heard learned counsel for the applicant and learned A.P.P. for the
State.
Learned counsel for the applicant undertakes to remove the defect, as pointed out by the office within a period of one week.
This bail application has been filed on behalf of the applicant– Manoj Vishwakarma @ Manoj Kumar Vishwakarma with prayer to release on bail in connection with S.T. No.175 of 2020 registered under Sections 147/323/304-B/498-A/34 of the Indian Penal Code pending in the court of learned Additional Sessions Judge-III, Garhwa.
Learned counsel for the applicant has submitted that the F.I.R. of this case lodged by the father of the deceased with the allegations that his daughter was married with the applicant and for demand of dowry she was subjected to cruelty and due to non-fulfilment of the same, the dowry death of his daughter was committed after setting her ablaze. It is further submitted that the applicant is the husband of the deceased. As per inquest-report, the deceased caught fire while she was cooking food and there was no external injury on her body.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that admittedly, the death of deceased was unnatural. It was in matrimonial house within seven years of marriage and there is also evidence in regard to demand of dowry soon before her death. As per postmortem report, the cause of death is on account of burning.
In view of the submissions made and material on record, the bail application of the applicant is hereby rejected.
(Subhash Chand, J.)
Rohit
1 issue framed by the court
Whether to grant bail to the applicant in a dowry death case involving charges including Section 304-B IPC.
Manoj Vishwakarma @ Manoj Kumar Vishwakarma
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
