Patna High Court rejected the petitioner's bail plea in a Section 304(B) IPC case involving alleged wife burning. The Court found the Under Trial case filed by the husband to be an afterthought, noting no burn marks or evidence at the scene, rendering it insufficient for bail purposes.
Bail prayed for by the petitioner was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16470 of 2013
======================================================
1. Sunil Sah @ Sunil Kumar Sah Son Of Late Nagina Sah Resident Of
Village - Banni, P.O. - Nagra, P.S. - Khaira (Nagra O.P.) District - Saran
.... .... Petitioner/s
Versus
1. The State Of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajanikant Singh, Adv.
For the Opposite Party/s : Mr. Nityanand Tiwari, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA
ORAL ORDER
3 08-10-2013 Heard learned counsel for the parties.
Having regard to the fact that the petitioner husband is
facing trial for the offence punishable under Section-304(B) of
the Indian Penal Code, this Court will not be inclined to grant
bail to him only because he had filed a UD case as with regard
to alleged suicide of his wife by burning herself. This Court
has examined the case diary and paragraph no. 7 thereof gives
vivid description of the place of occurrence from which it
becomes very much clear that the UD case filed by the
petitioner was an afterthought, inasmuch as, nothing has been
found at the alleged place of occurrence in the room in which
deceased was living and said to have committed suicide by
putting on fire herself which can suggest that even there was
burn mark much less sign of a massive fire which could have
Patna High Court Cr.Misc. No.16470 of 2013 (3) dt.08-10-2013
2
caused fatal burn injuries to the deceased. It thus becomes clear that the UD case cannot be made basis for petitioner's defence for the purpose of grant of bail.
rejected.
That being so, this Court is not inclined to grant bail to the petitioner.
The prayer for bail of the petitioner is, accordingly, rejected.
Ranjan/-
(Mihir Kumar Jha, J)
1 issue framed by the court
Whether bail should be granted to the petitioner who challenged the alleged suicide of his wife by filing a Under Trial case.
1 provisions across 1 enactments
Sunil Sah @ Sunil Kumar Sah
The State Of Bihar
Mihir Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
