This is a bail application in a dowry death case. The applicant argued general allegations against him, while the State highlighted cruelty for dowry demand shifting the burden of proof. The single judge rejected the bail application.
Bail application of the applicant isRejected.
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. 10767 of 2021
Abhimanyu Kumar Singh ….. Petitioner Versus The State of Jharkhand ….. Opp. Party ---------
CORAM: HON'BLE MR. JUSTICE SUBHASH CHAND (Through : Video Conferencing)
For the Petitioner : Mr. Indrajit Sinha, Advocate. For the State : Mrs. Priya Shrestha, A.P.P. ---------
03/Dated: 13/01/2022
Heard, learned counsel for the applicant and learned A.P.P. for the State.
This bail application has been filed on behalf of the applicantAbhimanyu Kumar Singh with prayer to release on bail in connection with Jorapokhar P.S. Case No. 36/2021 registered under Sections 304(B) /34 of the Indian Penal Code pending in the Court of learned J. M. 1st Class, Dhanbad.
Learned counsel for the applicant has submitted that the F.I.R of this case was lodged by the father of deceased with the allegation that his daughter was married on 18th February, 2020 and after marriage, the husband of his daughter and in-laws had subjected the daughter of informant to cruelty for demand of dowry and on account of non-fulfillment of demand of Rs.5 Lakhs in cash and four wheeler, dowry death of daughter was caused.
Learned counsel for the applicant has submitted that the applicant is the husband of deceased and the allegation which was made in the F.I.R. are general and omnibus, which has no nexus with the demand of dowry. There is no evidence against the applicant in regard to making the alleged demand of dowry. The applicant has been languishing in jail since 19th February, 2021.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contention made by the learned counsel for the applicant and contended that the deceased died in matrimonial house within seven years of marriage and the death was unnatural and soon before that she was subjected to cruelty for demand of dowry. In view of Section 113B of the Evidence Act, the burden to proof shifted
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especially upon the applicant, who is the husband of deceased why she committed suicide in the matrimonial house.
In view of the submissions made and material on record, the bail application of the applicant is hereby rejected.
(Subhash Chand, J.)
Jay/
1 issue framed by the court
Whether bail should be granted to the accused husband in a dowry death case where the burden of proof shifts under Section 113B of the Evidence Act.
3 provisions across 2 enactments
Abhimanyu Kumar Singh
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
