A bail application was filed by an accused charged with dowry death under Sections 304B and 34 IPC. Relying on incomplete post-mortem findings, the court allowed the application.
Bail application allowed; petitioner released on bond of Rs. 30,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4820 of 2022
Rakesh Kumar Pandey @ Deepak Kumar Pandey ..... … Petitioner Versus The State of Jharkhand …. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND
-------For the Petitioner : Mr. Abhay Kumar Chaturvedy, Advocate For the State : Mr. Subodh Kumar Dubey, A.P.P. --------
08/ 14.10.2022 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–Rakesh Kumar Pandey @ Deepak Kumar Pandey with prayer to release on bail in connection with Daltonganj Sahar P.S. Case No. 273 of 2021, registered under Sections 304B/34 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Palamau at Daltonganj.
Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged by the mother of the victim against six named accused including the applicant in regard to dowry death of her daughter by the inmates of matrimonial house by administering her some poison for non-fulfilment of demand of dowry.
Learned Counsel for the applicant has submitted that the applicant is the husband of deceased. Allegation made in the F.I.R. against all the named accused is general and omnibus. As per post-mortem report, cause of death was not ascertained. Viscera was also preserved and viscera report was also received. As per viscera report, it was not a case of poisoning. As such one of the important ingredients of dowry death, unnatural death of the deceased is not proved from the prosecution case. The applicant has been languishing in Jail since 06.11.2021.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant.
In view of the submissions made and 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 the like amount to the satisfaction of the court concerned in aforesaid case.
(Subhash Chand, J.)
P.K.S.
2 issues framed by the court
Whether the bail application of the accused charged with dowry death under Section 304B IPC should be allowed given the incomplete medical evidence regarding cause of death
Whether the general and omnibus allegations against the accused justify the grant of bail in this case
1 provisions across 1 enactments
Rakesh Kumar Pandey @ Deepak Kumar Pandey
The State of Jharkhand
SUBHASH CHAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
