This is a bail application filed by Vikash Singh, husband of the deceased, in a dowry death case charged under Sections 498-A and 304-B IPC. The High Court rejected the bail application after hearing arguments from both sides, citing evidence of torture and unnatural death at the matrimonial home.
Bail application is rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.3829 of 2021
Vikash Singh ..... … Petitioner Versus The State of Jharkhand …. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -----For the Petitioner : Mr. N.K. Jaiswal, Advocate For the State : Mrs. Priya Sherestha, A.P.P. --------
04/05.01.2022 Heard learned counsel for the applicant and learned A.P.P. for the
State.
This bail application has been filed on behalf of the applicant– Vikash Singh with prayer to release on bail in connection with S.T. Case No.26 of 2021 arising out of Chaibasa Sadar P.S. Case No.103 of 2020 registered under Sections 498-A, 304-B, 120-B of the Indian Penal Code and Section 3/4 Dowry Prohibition Act pending in the court of learned Additional Sessions Judge-I, Chaibasa.
Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged by the informant (the mother of the deceased) with the allegations that her daughter was married with Vikash Singh and after solemnization of marriage, the demand of dowry was made by her husband and family members and on non-fulfilment of the same, she was subjected to cruelty and consequently, dowry death was caused. It is further submitted that the applicant is the husband of the deceased and he has not committed the alleged offence.
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 the death of the deceased took place at her matrimonial house. There is evidence in regard to demand of dowry and for non-fulfilment of the same, the deceased was tortured soon before death. The death of the deceased was unnatural.
In view of the submissions made and materials on record, the bail application of the applicant is hereby rejected.
(Subhash Chand, J.)
Tarun/Rohit
2 issues framed by the court
Whether bail should be granted to the husband accused in a dowry death case involving charges under Section 498-A, 304-B IPC.
Whether the evidence of cruelty and dowry demand before death warrants rejection of bail.
Vikash Singh
SUBHASH CHAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
