The High Court at Patna refused bail to the petitioner, husband of the deceased, in a dowry death case under Sections 498A and 304B of the IPC. The court held the nature of accusation warranted continued custody but directed expedited trial.
Trial expedited to be concluded within one year; subsequent bail application may be filed if trial extends.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11872 of 2016
Arising Out of PS.Case No. -56 Year- 2014 Thana -KATORIA District- BANKA ====================================================== 1. Prem Tanti Son of late Jagarnath Tanti Resident of Village- Fulvaria, PS Katoria District Banka. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vibhakar Kumar For the Opposite Party/s : Mr. Dasrath Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 16-05-2016 Heard learned counsels for the petitioner and the State. The petitioner being husband of the victim is languishing in custody since 2.5.2015 in a case registered for the offences punishable under Sections 498A and 304B/34 of the Indian Penal Code.
The accusation is of killing the daughter of the informant for non fulfillment of dowry demands and hanging the dead body. It is also alleged that previously also the petitioner used to assault the victim.
It is submitted by the learned counsel for the petitioner that there is no eye witness to the occurrence. The FIR does not reflect the date of marriage though subsequently during investigation some witnesses suggested that the marriage was
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solemnized two years prior to the incident.
Considering the nature of accusation, this court is not inclined to grant bail to the petitioner in connection with Katoria P.S. Case No. 56 of 2014 pending in the court of learned Additional District and Sessions Judge IV, Banka.
This application is, accordingly, dismissed. However, let the trial be expedited. If the trial is not concluded within one year, the petitioner shall be at liberty to renew his prayer for bail.
(Dinesh Kumar Singh, J)
Anil/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner who has been in custody for over a year in an offence under Sections 498A and 304B IPC.
1 provisions across 1 enactments
Prem Tanti
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
