Dismissed

Bhikhni Devi v. the State of Jharkhand

Jharkhand HC13 Apr 2023B.A./1405/2023

Case brief

AI extract

What is this about?

This court rejected a bail application filed by a mother-in-law accused under Sections 304-B/34 IPC. The court held that since the alleged suicide occurred within three months of marriage amidst allegations of dowry demand and harassment, bail was not appropriate at that stage.

What did the court decide?

Bail application stands rejected; applicant not enlarged on bail at this stage.

Bhikhni Devi Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.1405 of 2023

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Bhikhni Devi @ Bhikhani Devi …. …. Petitioner(s)/Applicant(s) Versus The State of Jharkhand …. …. Opposite Party

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner(s)/Applicant(s) : Mr. Kamdeo Pandey, Adv. For the State : Mrs. Kumari Rashmi, A.P.P. For the Informant : Mr. P.P.N. Roy, Sr. Adv. ----

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03/Dated: 13^th April, 2023

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1. Heard learned counsel for the applicant, learned counsel for the State and learned senior counsel for the informant.

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2. The applicant (mother-in-law) who is in custody since 19.11.2022 has approached this Court for grant of regular bail in connection with Dumri P.S. Case No.108 of 2022 corresponding to G.R. Case No.2553 of 2022, registered for the offence under Sections 304-B/34 of the Indian Penal Code. Now the case is pending in the court of learned Additional Chief Judicial Magistrate, Giridih.

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3. It has been submitted by the learned counsel for the applicant(s) that complete set of FIR along with its enclosure have been annexed with this bail application and there is no suppression on his/her part.

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4. Innocence has been claimed by the learned counsel for the applicant and undertaking has been given for participation in the trial. It has been submitted that the death is suicidal and it has been committed in the parental house (माइके). Further, the brother has taken away the sister/deceased and there was no complain whatsoever as has been disclosed during the investigation. On the above basis, prayer for bail has been made.

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5. Learned senior counsel for the informant and the learned counsel for the State have opposed the prayer for bail and it has been submitted that the marriage has taken place on 23.05.2022 and the alleged suicide has been committed on 03.09.2022. There is a material to suggest that there was demand of dowry and harassment due to non-fulfilment of the same and as such ingredients of Section 304B IPC are present. On the above basis, the prayer for bail has been opposed.

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6. Considering the fact that the suicide has been committed within three months of the marriage and there is allegation of demand of dowry and harassment, I am not inclined to enlarge the applicant on bail, at this stage. Accordingly, the present bail application stands rejected.

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(Rajesh Kumar, J.)

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Amar/-

Bhikhni Devi v. the State of Jharkhand

Case brief

What is this about?

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Bhikhni Devi v. the State of Jharkhand

Case brief

What is this about?

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