Dismissed

Sunil Sao Alias Sunil Kumar Gupta v. the State of Jharkhand

Jharkhand HC7 Jul 2023B.A./2421/2023

Case brief

AI extract

What is this about?

In a bail petition under sections 304(B) IPC and the Dowry Prohibition Act, the High Court of Jharkhand considered the gravity of the dowry death charge, the materials against the accused, and the trial delay, ultimately refusing bail while directing the trial court to conclude proceedings within six months.

What did the court decide?

Bail prayed for by the petitioner was rejected; trial court directed to conclude trial within six months.

Sunil Sao Alias Sunil Kumar Gupta Vs the State of… — Dowry and Cruelty | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2421 of 2023

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Sunil Sao @ Sunil Kumar Gupta .... .... …. Petitioner Versus The State of Jharkhand .... .... ....Opposite Party

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-----For the Petitioner : Mr. Ajit Prasad, Advocate For the State : Mr. Vijay Kumar Sinha, Addl.P.P.

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Order No. 04 Dated- 07.07.2023

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Heard learned counsel for the parties.

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The petitioner has been made accused in connection with Bishnugarh P.S. Case No. 153 of 2022 registered under sections 306/34 of Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act.

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From the written report of the informant Kishun Mahto, allegation is that informant’s eldest daughter namely Sulekha Kumari got married with the petitioner and from the said wedlock they have begotten a son. It is further alleged that just after the marriage, informant’s daughter was being harassed and pressurized for additional dowry of Rs. 50,000/- (Fifty thousand) cash and a motorcycle and due to non-fulfillment of the said demand, the accused petitioner tortured her in various ways. On 12.08.2022 at 03:00 am the informant got information that his daughter has died due to hanging, upon this the informant along with his family members went to his daughter’s matrimonial house and found that her daughter was hanging by coloured towel tied with a bamboo beam.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. Petitioner undertakes to co-operate with the trial of the case and remain physically present on each and every date till the conclusion of the trial and shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them. It is next submitted that the petitioner has no criminal antecedent. The petitioner is languishing in judicial custody since 19.12.2022 without any rhymes and reasons. Hence the petitioner may be enlarged on bail.

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Learned Addl. P.P. has opposed the prayer for bail of the petitioner.

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It appears that initially FIR was registered for the offence under Section 306 IPC and Sections 3/ 4 of the Dowry Prohibition Act. After investigation, charge-sheet has been submitted for the offence under Section 304(B) IPC.

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The progress report of trial was called for from the concerned trial court which shows that the charge has been framed against the petitioner on 12.05.2023 and out of twelve charge-sheet witnesses, none have been examined as yet. It further appears that the learned trial court has requested for six months’ time to conclude the trial.

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In the above mentioned circumstances and considering the gravity of the offence and materials available on record against the petitioner, I am not inclined to release the above named petitioner, on bail. Accordingly, the prayer for bail of the petitioner is rejected.

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However, the learned trial court is directed to conclude the trial within six months, failing which, the petitioner shall be at liberty to renew his prayer for bail.

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(Pradeep Kumar Srivastava, J.)

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Umesh/-

Sunil Sao Alias Sunil Kumar Gupta v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sunil Sao Alias Sunil Kumar Gupta v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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