Regular bail application by a husband accused in a dowry death case where his wife died of asphyxia due to hanging within seven years of marriage. Co-accused had earlier been granted anticipatory bail. The court declined bail as trial was underway and directed expeditious conclusion.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6285 of 2024
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Shivam Kumar Mishra, aged about 24 years, son of Sri Laxmikant Mishra @ Laxmikanth Mishra, resident of Pichhari, P.O. & P.S. Petarbar, District Bokaro. …... …. Petitioner(s)
…... …. Petitioner(s)
Versus
.…. …. Opp. Parties
CORAM : HON’BLE MR. JUSTICE AMBUJ NATH
-------For the Petitioner(s) : Mr. P. S. Dayal, Advocate For the State : Mr. Rakesh Kumar Sinha, A.P. P. --------
05/ Dated 11.12.2024
Heard the parties.
The petitioner has been made accused in connection with Petarbar P.S. Case No. 182 of 2023, corresponding to G.R. No.1328 of 2023, for the offences registered under Sections 304(B)/34 of the Indian Penal Code, 1860, pending in the court of learned Sub Divisional Judicial Magistrate, Bermo at Tenughat.
Petitioner happens to be the husband of the deceased Saloni, who died due to Asphyxia because of hanging in her matrimonial home within seven years of marriage. It is alleged that she was tortured to enforce the demand of dowry.
Learned counsel for the petitioner has submitted that co-accused persons have been granted anticipatory bail by this Court. It was further submitted that no mark of violence was found on the person of the deceased.
From perusal of the case diary, it appears that co-accused persons have been granted anticipatory bail because several witnesses have stated that they resided separately from the deceased and her husband.
Petitioner is the husband of the deceased. It appears that the trial of the case is under progress.
Considering the aforesaid fact, I am not inclined to release the petitioner, on bail. Accordingly, the prayer for bail of the petitioner is hereby rejected at this stage.
Learned Trial Court shall expedite the trial, preferably to conclude the same within nine months from the next date fixed for recording of evidence, failing which, petitioner may renew his prayer for bail.
(Ambuj Nath, J.)
BS/-
1 issue framed by the court
Whether the husband accused under Sections 304(B)/34 IPC should be released on bail while trial is pending.
1 provisions across 1 enactments
Shivam Kumar Mishra
The State of Jharkhand
Bimal Mishra
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
