Pawan Yadav @ Pawan Kumar Yadav @ Pawan Kumar v. The State Of Bihar
Case brief
What is this about?
Short order altering bail plea in a 498A/304B dowry death case. The trial court rejected bail citing victim's act of setting herself on fire after assault by husband, directing speedy trial instead.
What did the court decide?
Application for bail on behalf of the petitioner is rejected. Trial Court to expedite the trial.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12592 of 2016
Arising Out of PS.Case No. -115 Year- 2015 Thana -GOH District- AURANGABAD ====================================================== Pawan Yadav @ Pawan Kumar Yadav @ Pawan Kumar Son of Late Jainath Yadav .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bajarangi Lal, Advocate For the Opposite Party/s : Mr. A.A.Khan (App)
====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
- 3 20-04-2016 Heard learned counsels for the petitioner and learned APP for the State.
The petitioner being the husband of the informant is languishing in custody since 19.11.2015 in a case registered for the offences punishable under section 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act, subsequently, section 304B IPC was also added, in connection with Goh P.S. Case No.115/2015, pending before the learned CJM, Aurangabad.
Prosecution case as per 'Fardbeyan' of the victim is
Patna High Court Cr.Misc. No.12592 of 2016 (3) dt.20-04-2016
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that the victim was married with the petitioner but after few days of the marriage the accused persons started torturing her for nonfulfillment of dowry demand. Thereafter, after eight days of marriage the victim came to her parents' house from her matrimonial house when on 12.07.2015, the husband of the victim came to her parents' house and took her on the pretext of getting her treated but on the way assaulted the victim badly, as a result the victim after pouring kerosene oil put her on fire.
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the petitioner accused under sections 498A IPC, 3/4 Dowry Prohibition Act, and 304B IPC at present.
Whether the trial should be expedited in light of the facts of the case.
Whether the petitioner's custody is justified in view of the victim's sequence of events.
Parties & counsel
- petitioner
Pawan Yadav
- respondent
The State of Bihar
Coram
Dinesh Kumar Singh
Case details
As recorded by the court registry
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