Birendra Rai @ Billa v. The State Of Bihar
Case brief
What is this about?
In a bail application under Sections 304B/34 IPC involving a dowry death within one year of marriage, the Patna High Court denied bail due to unsupported medical evidence and corroboration of allegations by the case diary.
What did the court decide?
petitione bailed on, the bail application by the petitione bail is rejected.
What the court decided
A compact analysis
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.
Patna High Court Cr.Misc. No.26396 of 2013 (2) dt.03-07-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26396 of 2013
====================================================== Birendra Rai @ Billa son of Jai Narayan Rai resident of villageHargovindpur, P.S. Mahnar Distt-Vaishali .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anirudh Kumar Sinha, Adv. For the Opposite Party/s : Mr. Ashraf Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2 03-07-2013 Heard the learned counsel for the petitioner and learned APP for the State.
- The petitioner is in custody since 5.8.2012 in connection with alleged offences under Sections 304B/34 I.P.C. registered in connection with Mahnar P.S Case No. 31/12.
- Allegation is with regard to demand of motorcycle and gold chain and of torture against the deceased, daughter of the informant-Umesh Rai.
- It is submitted that the petitioner was married to the deceased in June 2011 and it is a case of his wife who committed suicide by hanging herself. It is further submitted that the allegation of assault and torture are not supported by the postmortem report. It is further submitted that the allegations are general and omnibus and it is claimed that the petitioner is clean antecedent.
- Be that as it may the fact remains that the
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the petitioner accused of dowry death.
Whether the authenticity of allegations of assault and torture require grant of bail.
Parties & counsel
- petitioner
Birendra Rai @ Billa
- respondent
The State of Bihar
Coram
Vikash Jain
Case details
As recorded by the court registry
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