Single-judge bench allowed regular bail to a husband accused of dowry death under Section 304B IPC and Dowry Prohibition Act. Order based on unclear cause of death and natural death suggestion in medical report.
Regular bail granted on bond of Rs.10,000 with two sureties, subject to submitting Aadhaar and keeping mobile active.
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.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No.1443 of 2022
Guddu Saw @ Guddu Kumar Saw
…… Petitioner
Versus
The State of Jharkhand
….. Opp. Party
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. Prashant Kr. Rai, Advocate For the State : Mr. Md. Hatim, A.P.P
05/Dated: 07th July, 2022
1. Heard learned counsel for the applicant and learned A.P.P.
2. The applicant, who is in custody since 24.09.2021, has approached this Court for grant of regular bail in connection with Tisri P.S. Case No.26 of 2021, registered for the offence under Sections 304B/ 120B of the Indian Penal Code and Sections 3/ 4 of the D.P. Act.
3. It appears that the present applicant is a husband against whom F.I.R has been lodged for the offence under Section 304B of the I.P.C.
4. Learned counsel for the applicant claims innocence of the applicant and it has been submitted that the undertaking has been given by the applicant that he will participate in the trial. Referring to the post-mortem report, it has been submitted that no ante-mortem injury has been found and the cause of death has not been explained and further, the viscera report also suggests that no poisonous material has not been found in the viscera. It has been submitted that the cause of death is not clear rather the death is natural and as such the applicant should be enlarged on
bail
5. On the other hand learned A.P.P has opposed the prayer for bail.
6. Considering the medical report and the period of custody, I am inclined to enlarge the applicant on bail. Accordingly, the applicant is directed to be released on bail, on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Giridih in connection with Tisri P.S. Case No.26 of 2021, on the condition that the applicant will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.
(Rajesh Kumar, J.)
Chandan/-
1 issue framed by the court
Whether the applicant husband should be enlarged on bail given the unclear cause of death and natural death suggestion in the medical report.
2 provisions across 2 enactments
Guddu Saw @ Guddu Kumar Saw
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
