Dismissed

Rama Kant Mishra v. the State of Bihar

Patna HC27 Jul 2012CR. MISC./12680/2012

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What is this about?

In a criminal miscellaneous matter involving a husband arrested in a dowry death case, the Patna High Court denied bail. The judge noted medical evidence suggested throttling, contrary to the prosecution's burning allegation, but refused release citing the mysterious circumstances of the death and dowry allegations.

What did the court decide?

Prayer for bail in connection with Arrar P.S. Case no. 44/2011 is rejected.

Rama Kant Mishra Vs the State of Bihar — Dowry and Cruelty | Patna HC (2012)

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Patna High Court Cr.Misc. No.12680 of 2012 (4) dt.27-07-2012

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12680 of 2012

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Rama Kant Mishra

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.... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR Supplementary affidavit is filed.

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The State Of Bihar

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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER

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04 27.07.2012

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Heard learned counsel for the petitioner as well as learned

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Addl. Public Prosecutor for the State assisted by learned counsel for the informant.

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Petitioner being husband of the deceased is in jail custody in a case registered under section 304B/34 of the IPC.

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There is allegation against the petitioner and other accused that they poured kerosene oil and lit fire on the person of the deceased as a result of which she died.

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The contention on behalf of the petitioner is that post mortem repot of the deceased does not support the aforesaid allegation and it appears from post mortem report that death of the deceased was due to asphyxia caused by throttling.

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Learned counsel for the petitioner further submits that there is one female child out of the wedlock of the petitioner and the deceased and there is no person in the family of the petitioner to look after the child. It is further contended by him that the deceased died of natural death.

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Learned counsel appearing for the informant opposed the prayer submitting that the deceased died within 2 years of her

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Patna High Court Cr.Misc. No.12680 of 2012 (4) dt.27-07-2012

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marriage in mysterious circumstance and there is allegation of demand

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of dowry as well as torture against the petitioner and others.

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Regard being had to the facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail, at least, at this stage and accordingly, his prayer for bail in connection with Arrer P.S. Case no. 44/2011 is, hereby, rejected.

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However, the petitioner may renew his prayer for bail after completion of one and half years in jail custody, if his trial is not concluded within the above stated period.

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Shahid

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(Hemant Kumar Srivastava,J)

Rama Kant Mishra v. the State of Bihar

Case brief

What is this about?

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Rama Kant Mishra v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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