Dismissed

Abhay Mistri v. The State Of Bihar

Patna HC2 Jul 2014CR. MISC./10229/2014

Case brief

AI extract

What is this about?

In a bail application under Sections 304B/201/120B/34 IPC regarding a dowry death, the High Court dismissed the application. The judge noted the husband was in custody since February 2013 and did not inform in-laws when the victim went missing, disregarding claims of no evidence against him. The trial was directed to conclude within six months.

What did the court decide?

Bail application dismissed; trial directed to be concluded within six months.

Abhay Mistri Vs The State Of Bihar — Dowry and Cruelty | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10229 of 2014

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Arising Out of PS.Case No. -227 Year- 2012 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Abhay Mistri Son of Nandu Mistry Resident of Village Kairi, Police Station Noorsarai, District Nalanda .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 5 02-07-2014 Heard learned counsel for the petitioner and Mr. H.A. Khan, learned APP for the State.

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The petitioner seeks bail in Noorsarai P.S. Case No. 227 of 2012 dated 08.10.2012 instituted under Sections 304B/201/120B/34 of the Indian Penal Code.

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Learned counsel for the petitioner submits that though he is the husband but no material has come against him to connect him to the crime. It is submitted that the petitioner is in custody since 18.02.2013.

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Learned APP for the State, upon going through the case diary, submits that the witnesses have stated that the deceased was tortured for dowry. It is further submitted that the petitioner being the husband did not bother to take steps for locating the deceased when she had gone missing and did not even inform the

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Patna High Court Cr.Misc. No.10229 of 2014 (5) dt.02-07-2014

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2/2

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in-laws about the incident. It is further submitted that in the postmortem, the cause of death has been found to be due to strangulation and body being recovered on the national highway, the petitioner has not been able to show his innocence.

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Considering the facts and circumstances of the case and submissions of learned counsels for the parties, this Court is not inclined to enlarge the petitioner on bail.

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Accordingly, the application stands dismissed.

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However, the Court below is directed to expedite the trial and conclude the same within six months.

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(Ahsanuddin Amanullah, J)

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Prakash/U

Abhay Mistri v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Abhay Mistri v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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