In a bail application arising from a dowry death case, the Patna High Court rejected the petitioner's claim of a love affair-suicide. The Court held that the haphazard disposal of the deceased's body at night was conclusive of foul play, refusing bail.
Patner's prayer for bail is rejected; he does not deserve bail.
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Patna High Court Cr.Misc. No.8888 of 2015 (04) dt.04-05-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8888 of 2015
Arising Out of PS.Case No. -106 Year- 2014 Thana -PARSAUNI District- SITAMARHI
====================================================== Shambhu Sah .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dinesh Jha-Advocate For the Opposite Party/s : Mr. Murlidhar- (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 04 04-05-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Deceased died at her Sasural and her dead body was disposed of in haphazard manner for which informant, her brother has instituted this case putting an allegation of torture and cruelty on account of non-fulfilment of demand of dowry which ultimately cost her life.
It has been submitted on behalf of petitioner that whatever allegation has been attributed, happens to be false and fabulous and that has purposely been introduced to squeeze the petitioner. It has also been submitted that there was love affair subsisting in between brother of Bhabhi of deceased with deceased and on account thereof, she committed suicide. So, submitted that it is a fit case wherein petitioner, husband is entitled for regular
Patna High Court Cr.Misc. No.8888 of 2015 (04) dt.04-05-2015
bail.
On the other hand, learned Additional Public Prosecutor opposed the prayer.
Gone through the case diary. From the statement of the villagers of the petitioner, it is apparent that deceased died at night and her dead body was disposed of in the night itself and that is sufficient to speak the conduct of the petitioner. Petitioner, being husband of the deceased in the aforesaid background does not deserve bail.
Accordingly, prayer of petitioner for bail is rejected. (Aditya Kumar Trivedi, J)
Vikash/-
U T
2 issues framed by the court
Whether bail should be granted to the husband in a dowry death case where the deceased's body was disposed of haphazardly.
Whether the conduct regarding the disposal of the dead body negatives a suicide prosecution theory.
Shambhu Sah
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
