In a bail application by a husband accused under Section 304(B) IPC for killing his wife due to dowry demand, the High Court rejected bail, noting the death occurred within two years of marriage and a ligature mark was found.
Bail rejected; trial court directed to expedite trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42368 of 2013
===================================================== Alok Kumar, son of Basant Tiwary, resident of village-Dahibhatta, P.S. Uchakagaon, District-Gopalganj. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 3 01-04-2014 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant.
The petitioner seeks bail in connection with Gopalganj P.S. Case No.157 of 2013 registered under Sections 304(B)/34 of the Indian Penal Code.
The allegation is of killing Amita Kumari, the daughter of the informant, Jitendra Rai, by her husband (petitioner) and inlaws due to non fulfillment of the dowry demand.
Learned counsel appearing on behalf of the petitioner submits that, in fact, the deceased used to reside with her husband (petitioner) separately and at the time of occurrence, the petitioner was not at his house. When he came to his house, then he found the door of the room of the house locked and on opening the door of the room of the house, the deceased was found hanging.
Patna High Court Cr.Misc. No.42368 of 2013 (3) dt.01-04-2014 2/2
Learned counsel appearing for the informant opposed the prayer of the petitioner for bail.
Admittedly, the petitioner is the husband of the deceased, who died within two years for her marriage at her Sasural house and in the post-mortem report of the deceased, ligature mark was found on the neck of the deceased.
Having regard to the facts and the circumstances of the
case and the nature of allegation against the petitioner, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for bail stands rejected. However, the trial court is directed to expedite the trial of the petitioner.
(Rajendra Kumar Mishra, J)
P.S./-
2 issues framed by the court
Whether bail should be granted to the petitioner charged with killing his wife due to dowry demands under Section 304(B) IPC.
Whether the trial should be expedited for the petitioner.
1 provisions across 1 enactments
Alok Kumar
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
