In a bail application under sections 304(B) and 34 IPC regarding a dowry-death case where the deceased allegedly committed suicide, the court rejected the prisoner's bail and directed expedited trial.
Rejection of bail prayer; direction to trial court to expedite trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48408 of 2013
====================================================== Chandan Jaiswal, S/o Late Ravindra Jaiswal, R/o Mohalla – Chandwara, P.S. Town, District – Muzaffarpur. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 4 07-04-2014 Heard learned counsel for the petitioner and learned A.P.P. for the State. Petitioner is accused in connection with Town P.S. Case No. 277 of 2013 registered under Sections 304(B) and 120(B)/34 of the I.P.C.
The accusation is of killing of the daughter of the informant by her husband and in-laws for non-fulfillment of demand of dowry.
Learned counsel appearing on behalf of the petitioner submits that petitioner is husband of the deceased, whose marriage was performed with this petitioner in the month of February, 2012. In fact, on the date of the alleged occurrence, the petitioner, who is the Railway Employee at Muzaffarpur, was not present in the house. It is also submitted that the deceased was not satisfied with this petitioner, due to that reason, she committed suicide by hanging herself in the ceiling fan.
Patna High Court Cr.Misc. No.48408 of 2013 (4) dt.07-04-2014
2
Admittedly, the petitioner is husband of the deceased, who died within two years of her marriage at her Sasural house and in the postmortem report, the cause of death is asphyxia due to strangulation.
Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of petitioner for bail. Accordingly, his prayer for bail is rejected. However, trial Court is directed to expedite the trial.
(Rajendra Kumar Mishra, J.)
Shail/-
3 issues framed by the court
Whether the petitioner should be granted bail in a dowry-death case where the spouse was accused of homicide.
Whether the trial court is directed to expedite the proceedings.
Whether the circumstances of the case justify the rejection of bail.
1 provisions across 1 enactments
Chandan Jaiswal
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
