The Patna High Court rejected bail for a husband accused of committing dowry death and cheating under the Indian Penal Code, rejecting arguments that allegations were general and based on the theory of suicide.
Prayer for bail of the petitioner in connection with Dawath P.S. Case No. 89 of 2013 is 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.
Patna High Court Cr.Misc. No.8071 of 2014 (3) dt.23-06-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8071 of 2014
| Arising Out of PS.Case No. -89 Year- 2013 Thana -DAWATH District- SASARAM (ROHTAS) ====================================================== |
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|---|---|
| 1. Ashutosh Pandey Son Of Deneshwar Pandey Resident Of Village - Devadhi, P.S.- Dawath, District - Rohtas At Sasaram .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== |
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| Appearance : For the Petitioner/s : Mr. Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s : Mr. APP ====================================================== |
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CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER |
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| 3 | 23-06-2014 Heard learned counsel for the petitioner and learned APP for the State. |
| The petitioner seeks bail in a case registered for the | |
| offences punishable under Sections 304B, 120B/34 of the Indian | |
| Penal Code. | |
| The petitioner is the husband of the deceased. Informant’s daughter Renu Pandey, married with the petitioner in the year 2010, left for heavenly abode within three years of her marriage on account of cruel hands of the petitioner and others. |
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| There was mark of violence upon her neck and her tongue was out of her mouth. She was tortured for bringing additional dowry. |
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| Submission is that parents of the petitioner have | |
| been admitted to anticipatory bail. The allegations are general in |
Patna High Court Cr.Misc. No.8071 of 2014 (3) dt.23-06-2014
nature and the petitioner cannot be singled out from the allegations. It has further been submitted that after death from the diary of the victim a letter was found in which she stated that she is committed suicide.
Considering the spirit of Section 304 B of the Indian Penal Code, the dead body was found in the house of the petitioner and also the case of the husband cannot be equated with the case of others, prayer for bail of the petitioner in connection with Dawath P.S. Case No. 89 of 2013 is rejected.
(Shyam Kishore Sharma, J)
avin/-
U T
1 issue framed by the court
Whether bail should be granted to the husband for offences of dowry death and cheating/forgery.
2 provisions across 1 enactments
Ashutosh Pandey
The State Of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
