The Patna High Court upheld the validity of a dying declaration recorded at a hospital in a case involving dowry harassment and murder. The court rejected the defense's challenge regarding delay and treatment consent and refused to grant bail to the petitioners.
Prayer for bail of petitioners in both applications 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.6910 of 2014 (3) dt.24-06-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6910 of 2014
Arising Out of PS.Case No. -119 Year- 2013 Thana -SHUBHGANJ District- BANKA ====================================================== 1. Anirudh Kumar Sah S/O Sri Chaturbhuj Sah Resident Of Village- Asota, Police Station- Shambhuganj, District- Banka .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.9794 of 2014 Arising Out of PS.Case No. -119 Year- 2013 Thana -SHUBHGANJ District- BANKA ====================================================== 1. Sweeti Kumari Wife Of Aniruddh Kumar Sah Resident Of Village - Asota, P.S.- Shambhuganj, District - Banka. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.6910 of 2014) For the Petitioner/s : Mr. Ajay Kumar, Advocate For the Opposite Party/s : Mr. Anant Kumar, Addl.P.P. (In Cr.Misc. No.9794 of 2014) For the Petitioner/s : Mr. Bharat Lal, Advocate For the Opposite Party/s : Mrs. Nirmala Kumari, Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER ------------- 3 24-06-2014 Both the above applications have been heard together and are being disposed of by this common order as they have arisen out of one occurrence. The petitioners are accused of a case which has been registered for offences under Section 498(A), 307, 326/34 and 304(B) of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Fardbeyan of Nayan Devi alias Dolly was recorded at emergency ward of Jawahar Lal Nehru Medical College & Hospital, Bhagalpur. According to her, she was married with the
Patna High Court Cr.Misc. No.6910 of 2014 (3) dt.24-06-2014
petitioner in the year 2010. Thereafter he started demanding additional dowry and when demand was not fulfilled, he married another lady Sweeti Kumari. On 15.07.2013 when she was at house, her sautan Sweeti Kumari with intent to kill her sprinkled kerosene oil and she was alighted by the petitioner. Anyhow the neighbours came and extinguished the fire. She was brought to Hospital for treatment and during treatment she succumbed to her injuries.
Submission is that there is delay between the occurrence and lodging the fardbeyan. The fardbeyan of the victim cannot be treated as dying declaration. It has also been submitted that the petitioner himself has brought the injured for treatment and the victim had given the consent for marriage with another lady.
The fardbeyan can safely be treated as dying declaration wherein the informant has described as to how she was sprinkled and alighted. Considering the allegation, I am not inclined to grant bail to the petitioners. Accordingly, the prayer for bail of petitioners of both applications is rejected.
(Shyam Kishore Sharma, J)
Tahir/-
U T
2 issues framed by the court
Whether the dying declaration recorded at the hospital can be treated as valid despite alleged delay and other objections raised by the defense.
Whether bail should be granted to the accused persons in the present case.
Arinudh Kumar Sah
Sweeti Kumari
The State Of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
