Court allowed bail application of husband accused in dowry death case under IPC 304B and Dowry Prohibition Act, directing submission of Rs. 30,000 bond and two sureties.
Release on bail on furnishing Rs.30,000 bond with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2519 of 2022 Upendra Prajapati @ Upendra Mahto @ Prajapati ….. Petitioner Versus The State of Jharkhand …. …. Opp. Party ------ CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -----For the Petitioner : Mr. Rahul Pandey, Advocate For the State : Mr. V.N. Jha, A.P.P
The bail application has been filed on behalf of the abovenamed applicant with a prayer to release on bail in connection with Angara P.S. Case No.31/2021 under sections 304B of the IPC and 3/4 of Dowry Prohibition Act, pending in the court of learned AJC-VI at Ranchi.
Learned counsel for the applicant has submitted that FIR of this case was lodged by the father of the deceased with these allegations that his daughter was married with Upendra Prajapati @ Upendra Mahto @ Prajapati in the year 2015. He and his family members made demand of dowry and for nonfulfillment of the same had harassed and tortured her. On 19.04.2021 all the named accused had committed dowry death of his daughter. Accordingly, the FIR was lodged.
Learned counsel for the applicant has further submitted that the applicant happens to be the husband of the deceased. The allegations made in the FIR in regard to demand of dowry and harassment for nonfulfillment of the same are general and omnibus. There is no cogent evidence against him to that effect. The cause of death as per viscera report was also not ascertained while the post-mortem report showed that the cause of death was failure of cardiac respiratory system. As such no alleged offence is made out against the applicant. The applicant has been languishing in jail since 21.04.2021.
Learned APP appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that there is ample evidence against the applicant in regard to the demand of dowry and harassing the daughter of the informant. The death was caused in the house of applicant, though the cause of death was not ascertained.
In view of the submissions made and the materials on record, the bail application of the applicant is, hereby, allowed. Let the applicant be released on bail on furnishing bail bond of Rs.30,000/- (Rupees thirty thousand) with two sureties of like amount each to the satisfaction of the court concerned in the aforesaid case.
(SUBHASH CHAND, J.)
tarun
2 provisions across 2 enactments
UPENDRA PRAJAPATI
THE STATE OF JHARKHAND
SUBHASH CHAND
As recorded by the court registry
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